Car clamped although have SORN

sultan123

I have SORNED my vehicle quite some time back and it was on DVLA and I had a reciept of the SORN. As I have 2 other cars which are currently in use, my car has always been parked on the pavement of my house.



A clamp was put on the car by cartaxenforcement. I had to pay 260 pounds. I don't understand how it can be said that this is private land when it is my house and where on earth would I put my car - needless to say the engine no longer works either.


Can I appeal this?

poppasmurf_bewdley

Presumably, you mean the pavement outside your house? This is public property, and the car liable to be clamped.

A vehicle shouldn't be parked on a pavement anyway, under any circumstances.

sultan123

Yes pavement outside the house - there is nowhere else for me to park though????


what about houses where the car is parked like that (those that don't have a garage etc)

Also what do I do now, they said I would get 160 pound back if I get it taxed within 15 days but obv I don't want to drive this car - the engine is dead too!

Aylesbury_Duck

sultan123 wrote: »

Yes pavement outside the house - there is nowhere else for me to park though????


what about houses where the car is parked like that (those that don't have a garage etc)

Also what do I do now, they said I would get 160 pound back if I get it taxed within 15 days but obv I don't want to drive this car - the engine is dead too!

And why is that anyone's problem but your own? You don't have a right to park on someone else's land just because there's nowhere else to park. You have too many cars to fit on your own land.

The solution is obvious. Sell the car.

As for your neighbours, it's really none of your business but if you think it's wrong that they are parking their taxed cars on pavements (it almost certainly is), report them to the local authority. It perhaps won't make you very popular, but you'll feel better for it.

sultan123

it isn't someone elses land though, it is my house

agrinnall

sultan123 wrote: »

it isn't someone elses land though, it is my house

You don't own the pavement outside your house, the council does.

Aylesbury_Duck

sultan123 wrote: »

it isn't someone elses land though, it is my house

You described it as the "pavement outside my house". What exactly do you mean then? A private driveway? Was the car parked entirely on your land, as described in your deeds? And when I say entirely, I mean entirely within your boundary, not with the bonnet or boot overhanging the public footpath.

Can you link to a google street view so we can see what you're talking about?

AndyMc.....

sultan123 wrote: »

it isn't someone elses land though, it is my house

Who pays to maintain the pavement?

stator

Please be clear
Was it parked entirely on your own land?

societys_child

. . always been parked on the pavement of my house.

You've been asked a number of times, you really do need to explain what this means.

. . there is nowhere else for me to park though????

That's your problem. It should be parked off the road.

Pavements/ public footpaths are part of the road.

unholyangel

9 Penalty for using or keeping unlicensed vehicle.
(1)If a person uses, or keeps, [F1a vehicle] which is unlicensed he is guilty of an offence.

<snip>

(2B)Subsection (1) does not apply to a vehicle if—
(a)the vehicle is being neither used nor kept on a public road, and
(b)the particulars and declaration required to be furnished and made by regulations under section 22(1D) have been furnished and made in accordance with the regulations and the terms of the declaration have at no time been breached.

(3)[F3Subject to subsection (3A)] a person guilty of an offence under subsection (1) is liable on summary conviction to an excise penalty of—
(a)level 3 on the standard scale, or
(b)five times the amount of the vehicle excise duty chargeable [F4in respect of using or keeping the vehicle on a public road],whichever is the greater.

[F5(3A)In the case of a person who—
(a)has provided the Secretary of State with a declaration or statement (in pursuance of regulations under section 22) that the vehicle will not during a period specified in the declaration or statement be used or kept on a public road, and
(b)commits an offence under subsection (1) within a period prescribed by regulations,subsection (3) applies as if the reference in paragraph (a) to level 3 were a reference to level 4.]

A level 4 fine is £2,500. So you best be very clear whether it was wholly parked on private property or not. If it was not on private property and was instead parked on a public path outside your house, prepared to be hammered with the above and possibly also the offence of keeping an uninsured vehicle if it wasn't insured either.