My SORN'd car got clamped - what to do next?

playaz

Hi - my car got clamped, my own fault it has been SORN'd but as it isn't on my drive but just outside my house (in a cul-de-sac too) they have classed it as on 'the road'.

The car itself isn't new (2010) and cannot start so even if I wanted to get it going to get it to a garage I can't without getting it towed - the engine work I was quoted around £1200 for engine & turbo (not including the labour) so it doesn't make much sense to spend thousands on a car that basically dead as a dodo.

I know that if I don't pay the £100/£200 'release fee' that they will keep the car and eventually 'dispose of it' - would they come to me and charge me for disposal??
Fees I see on the document sheet

Within 24 hours :
Release £100
Surety £160 for light passenger vehicles
24 hours or more :
Release £200
Surety £160 for light passenger vehicles
Storage £21 per day or part day at pound


Anyone with experience in the matter could you please advise as I need to decide fast what to do next but I 100% do not want to keep the car anymore it just makes me sad looking at it.

Scrapit

It's on the road, not classed as on the road. Literally.

Supersonos

playaz wrote: »

Hi - my car got clamped, my own fault it has been SORN'd but as it isn't on my drive but just outside my house (in a cul-de-sac too) they have classed it as on 'the road'.

Why did you SORN your car if it was still on a public road? Or why didn't you just move it onto your drive?

Pay the fine and push it onto your drive. Job done.

dogshome

Are you sure this cul de sac is public highway?


Best to check - my son had this problem.
Bought car and trailered it home to park it in cul de sac behind house that contains garages for houses, including his own, whilst sorting Insurance & Tax


Gets letter money demand letter from DVLA - A check with the council reveals that the cul de sac has not been adopted, and is still owned by the developer of the estate - Is not a public Highway


Letter to DVLA and not another word

DoaM

@post #4 ... it doesn't matter whether or not the road is adopted. If the road is intended for general public access then it is a public road/highway. The same way you can't keep a SORN'd car in a supermarket car park without risk of DVLA clamping ... the area is intended for general public access.

And before you say "but the general public can easily access my drive!" ... that's different; your drive isn't intended/designed for general public access - it's truly private property over which only certain entities have a right of access (e.g. postman)

a.turner

DoaM wrote: »

@post #4 ... it doesn't matter whether or not the road is adopted. If the road is intended for general public access then it is a public road/highway. The same way you can't keep a SORN'd car in a supermarket car park without risk of DVLA clamping ... the area is intended for general public access.

And before you say "but the general public can easily access my drive!" ... that's different; your drive isn't intended/designed for general public access - it's truly private property over which only certain entities have a right of access (e.g. postman)

Surely if needs to be maintainable at public expense for tax to be required.

Asda car park is designed and intended for public access but isn't a road and you don't need tax.

foxy-stoat

Pay the fine as soon as possible, that will limit your liability for further costs.

If they take it away you will be charged and you will be unable to collect it without insurance, VED etc etc.

Car_54

DoaM wrote: »

@post #4 ... it doesn't matter whether or not the road is adopted. If the road is intended for general public access then it is a public road/highway. The same way you can't keep a SORN'd car in a supermarket car park without risk of DVLA clamping ... the area is intended for general public access.

And before you say "but the general public can easily access my drive!" ... that's different; your drive isn't intended/designed for general public access - it's truly private property over which only certain entities have a right of access (e.g. postman)

Wrong. The offence is "using or keeping on a public road" under the Vehicle Excise and Registration Act 1994.

Within that act, public road "in England and Wales and Northern Ireland, means a road which is repairable at the public expense, and in Scotland, has the same meaning as in the Roads (Scotland) Act 1984."

Jumblebumble

DoaM wrote: »

@post #4 ... it doesn't matter whether or not the road is adopted. If the road is intended for general public access then it is a public road/highway. The same way you can't keep a SORN'd car in a supermarket car park without risk of DVLA clamping ... the area is intended for general public access.

And before you say "but the general public can easily access my drive!" ... that's different; your drive isn't intended/designed for general public access - it's truly private property over which only certain entities have a right of access (e.g. postman)

Could you supply some evidence that this is true.
Perhaps have a read of this and ask yourself if you may have been making up "facts" .


https://www.whatdotheyknow.com/request/51661/response/134122/attach/html/3/FOIR2214.pdf.html

For the purposes of vehicle licensing and registration DVLA must rely upon the definition
of ‘public road’ as defined in the Vehicle Excise and Registration Act 1994 (VERA) (as
amended). DVLA does not rely upon any legal definition of the term ‘road’. VERA
requires any mechanically propelled vehicle that is used on a public road to be licensed (i.e.
display a tax disc) and registered. Section 62(1) of VERA defines a public road as:

(a) in England and Wales, a road which is repairable at the public expense,


My understanding is that this means that a supermarket carpark is not considered to be a public road in this context and the DVLA are not allowed to clamp a SORNed car in a supermarket car park or anywhere else taht is not maintained at public expense
I hope this helps the OP more than you did..

JumbleBumble

sheramber

playaz wrote: »

Hi - my car got clamped, my own fault it has been SORN'd but as it isn't on my drive but just outside my house (in a cul-de-sac too) they have classed it as on 'the road'.

The car itself isn't new (2010) and cannot start so even if I wanted to get it going to get it to a garage I can't without getting it towed - the engine work I was quoted around £1200 for engine & turbo (not including the labour) so it doesn't make much sense to spend thousands on a car that basically dead as a dodo.

I know that if I don't pay the £100/£200 'release fee' that they will keep the car and eventually 'dispose of it' - would they come to me and charge me for disposal??
Fees I see on the document sheet

Within 24 hours :
Release £100
Surety £160 for light passenger vehicles
24 hours or more :
Release £200
Surety £160 for light passenger vehicles
Storage £21 per day or part day at pound


Anyone with experience in the matter could you please advise as I need to decide fast what to do next but I 100% do not want to keep the car anymore it just makes me sad looking at it.

How long would be until they scrapped it?

They would charge you storage for each day until then.