DVLA Clamping

webbo178

Hi

I have a van parked in the car park of my flats which has unfortunately broken down and I am in the process of trying to sell it.

The tax has expired and I declared the vehicle as SORN to the DVLA, and as it is parked in a private car park, therefore off public roads I thought this would make it legal and above board.

(Do you have to display the SORN letter in your windscreen?)

I returned home yesterday to find a large yellow DVLA clamp and big yellow "Untaxed Vehicle" notice stuck to the window.

My first question is, can the DVLA do this as I have a SORN contract with them until 2008?

Do they have to have the permission of the owner of the land before they can clamp on private property, I suspect they must need it?

If the landowner asks them to clamp the vehicle, as it is untaxed on their property, are they still authorised to do it as the vehicle is not breaking any of the DVLA rules?

The van is also displaying a parking permit so if the landowner is not happy about an untaxed vehicle being parked there why has he not contacted me to ask me to remove it?

Have I got any way out or am I banged to rights?

roddydogs

They cant do this if its on private property-(are u sure its is?) even without a "SORN" no you dont need to display the sorn.

webbo178

roddydogs wrote: »

They cant do this if its on private property-(are u sure its is?) even without a "SORN" no you dont need to display the sorn.

There are 2 signs on the entrance to the car park, one says "French's Court Car Park" and the other "Residents Parking Only"

There are also no signs anywhere about illegally parked cars being clamped.

moonrakerz

Ask the DVLA to produce written evidence that they have the consent of the owner of the land in question, if they can't do that they are acting illegally.

Inactive

I think you need to ascertain if the land is Private or Public land before doing anything else.

Because you assume it is Private doesn't mean it is.

roddydogs

Inactive wrote: »

I think you need to ascertain if the land is Private or Public land before doing anything else.

Because you assume it is Private doesn't mean it is.

Agree! DVLA CANNOT clamp on private land!, as a vehicle does not need to be taxed unless its used on Public Roads anyway!:A

wbk666

not only used, its not to be "parked" on a public road either.
first thing to do is ascertain if the car park is actually private or public.the need for a permit does not automatically mean its private.

have you contacted the DVLA about it? whats their comments on it?

seftonsun

You appear to suggest that the land is a parking area for a block of flats? Are they Council or private flats? If council the land can then still be classed as the public highway.

The DVLA contract the clamping of untaxed vehicles to NCP Services Ltd. Additionally the local police and local authorities are aslo empowred to clamp untaxed vehicles on behalf of the DVLA.

If the clamp is “official” it is possible the car will be towed and impounded after 24 hours of clamping. If this happens the DVLA will wite to you (assuming you are the registered keeper and have givrn them the correct address?) informing you that unless you contact them and pay the various fees and monies outstanding they will dispose (possibly be crushing) of the vehicle after 7 days.

You need to act quickly by contacting the DVLA and ascertaining why they believe they have clamped you lawfully. If they haven't then insist they arrange removal of the clamp immediately and suggest a compensatory payment should be in order due to the negligence of their agent. Good luck.

webbo178

Thanks all who have posted.

I have spoken to the Housing Associaition who manage the property and they have confirmed to me they have an agreement with the DVLA to clamp untaxed vehicles in their car parks, if the SORN is over 6 months old.

Fortunately my SORN is only 2 months old and I spoke with NCP who clamped the van and they will remove the clamp tomorrow.

Still unsure about the legality of DVLA clamping the van when I have gone to the trouble of registering the van SORN, which is valid for 12 months, then they have an agreement to clamp it after 6 months. Surely they are in breach of contract, and the Housing Association should use a private clamping company if they want to clamp the van.

Your thoughts!!

alanrowell

The SORN is so that you can keep a car off the public highway for a year without having to have Road Tax.

They c=don't care where you keep it as long as it's off the public road and is nothing to do with your housing association putting a limit on the time an untaxed car can be kept.

Can't see anything illegal - all you have to do after 6 months is move the car (by trailer) to somewhere else like a garage

seftonsun

Effectively this is a private arrangement between the DVLA and your Housing Association (HA) landlord. As far as I am aware this is not one of the DVLA's statutory functions that they are exercising, but a private arrangement (contract) between themselves and the HA.

You will need to check your tenancy agreement to ensure that you have not contravened it by parking an unlicenced vehicle on the HA's land. At the same time see whether it says anything about this 6 month time limit. What you must remember is that the HA can make whatever rules and regulations they want about tenenants vehicles parked on their land. So your SORN is not really of relevance, except that your HA is using this 6 month cut off. However, do not wind your landlord up about this but try and work with them to come up with a sensible compromise/solution to parking your untaxed vehicle on their land. I am sure all they are trying to ensure is that the car park is not taken up by cars that never move thereby denying evryone a fair chance of getting a parking space and that the environment of the flats is not turned in to a quasi car breakers yard.

What of course is interesting is the fact that the DVLA are effectively informing your HA that any vehicle they (properly) clamp has either no SORN or a SORN more than 6 months old. That may contravene the Data Protection legislation?