Court summons for clamping?!

andybrailsford

Hi everyone,

Just looking for some advice on this matter, as I'm not sure where I stand, but I will tell the whole story to you.

I have a golf that I have parked on my drive, its been there for a few years, and has always been declared SORN, and I use my work van instead, whilst I restore the golf. Anyway, one day I was off work sick, and my girlfriend needed to pull her car off the drive, but someone was blocking her car in, so I rolled mine off the drive and onto the curb, so she could move her car out, and we agreed we would both push it back on after she had finished work.

Anyway, girlfriend comes home and tells me there's a clamp on the golf, to which I start kicking myself for leaving it there for a few hours. With my tail between my legs I pay the £260 fine, had the clamp removed and pushed the car back on the drive.

Its been 3 months since then, and I have just had a letter come through to my parents house (Because my license is still registered there, I know I should change that), saying that I have been charged with Section 29 of the vehicle excise and registration act 1994.

It says that I have 3 options...

1. Plead guilty in writing under the single justice procedure.
2. Plead guilty in court.
3. Plead not guilty in writing.

Some things you should know..

1. The car hasn't been taxed in 13 months.
2. The car has lived on the drive apart from that one day.
3. The car is insured (So I can get my no claims bonus, its cheap to insure)
4. I've already paid the £260 release fee

It says I have 21 days to respond, but I don't know what to do...

Any advice would be great, and I would appreciate it.

And yes, I do realise that I probably should have not left it on the road, but it is it what is!

Thanks alot guys,

Andy.

wgl2014

Unfortunately the release fee is just that, it is not a penalty for the offence in question.
No doubt that the fine doesn't reflect the 'crime' but I can't see you have a defence. If you plead guilty by sjpn you don't have to go to court and if you intend to plead guilty is the least hassle.

One thing to bare in mind if you contest anything is the court may wonder why you have a car insured and found on the road when you say you weren't using it, they may well be cynical.

peter_the_piper

Why not insure it, if someone nicks it he's covered.

andybrailsford

If I was to plead guilty, how much do you think the fine would be?

facade

wgl2014 wrote: »

Unfortunately the release fee is just that, it is not a penalty for the offence in question.
No doubt that the fine doesn't reflect the 'crime' but I can't see you have a defence. If you plead guilty by sjpn you don't have to go to court and if you intend to plead guilty is the least hassle.

Unfortunately, the only appeal would be if you were on route to or from a pre-booked MOT: I'd expect them to have crosschecked MOT records, but it wouldn't cover you for parking all day anyway.

The out of court settlement is set at £30 plus twice the backtax :eek:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/403029/Vehicle_Enforcement_Policy_Table_1__revised_.pdf

wgl2014 wrote: »

One thing to bare in mind if you contest anything is the court may wonder why you have a car insured and found on the road when you say you weren't using it, they may well be cynical.

What is to contest? the offence is using or keeping a vehicle on the road when a SORN declaration is in place.

Round here it would be unusual if the car was insured without a SORN, never mind with one, but as they aren't registered to anyone real it doesn't matter.

Strider590

They view these things in a very black/white fashion, it was on the road and that is that. If you contest with the story you have, then expect a fine for not changing the registered address as well.


Tip

IIRC, they're allowed uncover a covered number plate to establish a vehicles identity.

Rover_Driver

facade wrote: »

The out of court settlement is set at £30 plus twice the backtax

Could be too late for that, according to the OP's first post it is a summons - court penalty plus the backtax.

andybrailsford

I forgot to mention aswell that they said they sent me a letter that I didn't respond to?

I never received a letter, well, my parents didn't receive one...

System

Option 1, plead guilty in writing as you parked an untaxed car on the road and for some time as well. You could take it to court but I doubt the "I never use it, I'd only parked it there for a moment whilst I moved something" defence is one they've not heard before. Pleading guilty at the first instance at least limits the fine, if you go to court the set fine you are offered with Option 1 goes out the window and they can fine you more. Many speeders have chosen to take their case to court only to find that they got 4 points instead of 3 and a fine greater than the £60 it would have been.

Nowadays because pretty much every police car has ANPR fitted which is permanently checking plates its not like the old days where you'd be able to get away with what you were doing, probably with just a stern word from the local bobby.

usefulmale

So, the car had been SORN for 'a few years', you put it on the road for 'a few hours' and get clamped.

Almost as if the clamping people were sat waiting outside your house for 'a few years' on the off-chance you might do this.

What are the chances, eh?

facade

usefulmale wrote: »

So, the car had been SORN for 'a few years', you put it on the road for 'a few hours' and get clamped.

Almost as if the clamping people were sat waiting outside your house for 'a few years' on the off-chance you might do this.

What are the chances, eh?

That is how life works. Million to one things happen all the time.;)

It is one of the drawbacks of being otherwise law-abiding and stupidly registering the car to a real address, whereas the half million or so who don't bother have nothing to worry about, except losing the £50 banger they are running without tax, insurance or MOT.