Car was clamped but clamping firm was illegally parked on double yellows to clamp

Dave_606

I was recently getting my car ready for it's expired MOT as I had not been driving the car.  Foolishly I parked it (but not driving it) outside my house whilst I was doing the work as no space anywhere else.

Anyway a DVLA clamping van drives past and must have activated his anpr camera.  He then parks up, gets out and clamps the car with a smirk despite my polite protests that the battery is on charge and it's booked in for an MOT the next day and offered to provide proof of this, which he said he's not interested as no excuses which I thought unfair, but if that's the law, its the law.

I then call the number to arrange payment for which I'm told the earliest they could release the clamp was 3 days later.  So had to cancel the next day MOT & couldn't re book until I knew for sure it was unclamped.

So, MOT then done, car now MOT'd & taxed for the next 12 months I call up to get the £160 surety fee back.

However, I'm wandering if I might have a case to claim even the £100 clamping fee back on technicalities.  As the DVLA clampers van parked both dangerously (right on the corner of the end of the street going onto a busy main road with communal bins the opposite side, so he caused an obstruction and parking in a dangerous place.

But more importantly he parked on clear double lines which were fully visible and he would be clearly aware of.  That he was so caught up clamping any vehicle his camera was activating, he seems to think parking dangerously, causing an obstruction  and double yellows does not apply to him.

My point & question is, can a DVLA wheel clamper legally actively carry out a clamp if in order to do this he first parks dangerously and commits a prior offence himself by parking on double yellows?

ChirpyChicken

How he parked is of no relevance 

Car1980

No chance mate.

You can park on most double yellows for loading / unloading for starters.

He also has 'lawful authority', which is a get-out clause for all your complaints.

Umkomaas

Elementary question. Did you take photos?

la531983

Not really, the fact their car was perhaps in breach of a totally different law to yours (and only temporarily) doesnt change anything, you messed up by parking an un-MOTed car on the public highway, this isnt a get out.

Also do you have any actual proof he did this, if not its your word against his.

Dave_606

la531983 said:

Not really, the fact their car was perhaps in breach of a totally different law to yours (and only temporarily) doesnt change anything, you messed up by parking an un-MOTed car on the public highway, this isnt a get out.

Also do you have any actual proof he did this, if not its your word against his.

Yes I do have proof from our CCTV camera, and whilst im not looking for a get out as such as I've at least got the surety fee back, I've already checked and there is no exceptions for parking there, even clamping vans cant.

Umkomaas

I've already checked and there is no exceptions for parking there, even clamping vans cant.

Where is that confirmed. What about milkmen, posties, medics, Amazon deliveries, ambulances, household removal vehicles ... 'no exceptions' would make where you're living a no-go area. 

daveyjp

There are always exceptions for parking on double yellows, as stated above.

  Loading, unloading, in an emergency, when directed to do so by someone in authority, having lawful authority, disabled badge parking to name a few.

la531983

Dave_606 said:

la531983 said:

Not really, the fact their car was perhaps in breach of a totally different law to yours (and only temporarily) doesnt change anything, you messed up by parking an un-MOTed car on the public highway, this isnt a get out.

Also do you have any actual proof he did this, if not its your word against his.

Yes I do have proof from our CCTV camera, and whilst im not looking for a get out as such as I've at least got the surety fee back, I've already checked and there is no exceptions for parking there, even clamping vans cant.

Brief unloading is allowed on most double yellow lines.

He unloaded a clamp onto your car. 

noitsnotme

Dave_606 said:

la531983 said:

Not really, the fact their car was perhaps in breach of a totally different law to yours (and only temporarily) doesnt change anything, you messed up by parking an un-MOTed car on the public highway, this isnt a get out.

Also do you have any actual proof he did this, if not its your word against his.

Yes I do have proof from our CCTV camera, and whilst im not looking for a get out as such as I've at least got the surety fee back, I've already checked and there is no exceptions for parking there, even clamping vans cant.

If there additional single or double marks on the kerb like the below picture then loading/unloading would be restricted to certain times or completely, but this would be accompanied by relevant road signs.  If it’s just double yellows then, as above, he was unloading which is permitted.

It’s irrelevant anyway.  It has nothing whatsoever to do with your fine.

Half_way

As far as i know you can only drive it on the road to  a pre booked MOT, and it must be roadworthy for the journey 
You can not park it, stop to load, charge it or anything else, unless directed or in an emergency .it must be in motion from the off road location to the test centre, no picking up passengers, popping to the shop, etc.
What the DVLA contractor did or didnt is of no consequence