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I came home form work today to find a nice big yellow clampon my car.
I did a SORN declaration online back in April, received nothing in the post from them.
The car is parked outside with 2 wheels on the tarmac and the rest on the pavement - am I in the wrong??
My understanding of SORN was that the car will not be driven on the road or obstructing. I could very well be wrong but want to check before I remove the clamp and chuck it in the river
1) If you did on-line SORN, you should have received an acknowledgement with a few momnets to the email address you gave - that is sufficient proof that you have declared SORN
2) A vehicle on SORN may not be on the public highway (technically, a road maintained at public expense) unless being used for exempt purposes (basically driving to/from a pre-booked MoT test).
From your description, it was parked on the highway - which is a no-no.
What we need to do now is determine whether or not the road you were parked on is maintained at public expense or is a private road.
BTW, removal of a DVLA authorised clamp is a criminal offence
If I get a letter from a gargae stating it was about to be taken for MOT, will I get a refund?
I wouldn't recommend it. The exemption only applies whilst the vehicle is being driven to and from the MoT station, for a previously booked appointment. Clearly your car had no driver in it, and was parked. Do you have a pass or failure certificate for an MoT on the day that your car was clamped? Remember MoTs are computerised now and it would take seconds for DVLA to check this information. DVLA will visit the garage you name and check their appointment book also. You could find yourself getting in deeper than you wish.
Right, paid the £100 fine/removal fee plus £160 surety. And now have received a letter from DVLA lookingfor £190!!
I have been ringing the company about the refund of the surety but keep being told someone will ring me back, but of course they never do..
Am I supposed to pay the £190 Too? Thats a total of over £450 - surely that cant be right, can it?
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You are legally liable for the £100 clamping/removal fee.
The surety is refunded when you purchase VED for the vehicle
The £190 fine is legal and payable - the amount is related to the length of time the vehicle has been without VED, regardless of SORN. The assumption is that despite SORN, you have used the vehicle on the public highway since the last VED disk expired and are therefore assumed to be liable for the VED since then. This assumption is made in legislation and not by the DVLA.
This is covered by Vehicle Excise and Registration Act 1994 s. 29 - 32.
Thanks for the clarification.
The problem is getting the surety back, they never return calls. think they are stalling and then will say too much time has elapsed.
Is the fine (the £190) on a ratio basis, because the car was not on SORN for a full year, about 5-6 months............
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30 Additional liability for keeper of unlicensed vehicle
(1) Where the person convicted of an offence under section 29 is the person by whom the vehicle in respect of which the offence was committed was kept at the time at which it was committed, the court shall (in addition to any penalty which it may impose under that section) order him to pay the amount specified in subsection (2).
(2) The amount referred to in subsection (1) is an amount equal to one-twelfth of the annual rate of vehicle excise duty appropriate to the vehicle for each month, or part of a month, in the relevant period (within the meaning of section 31).
The surety should be returned automatically a short while after the vehicle is taxed. I am assuming that you produced a valid tax disc within 2 weeks of get the car released - if not, it is forfeit (although, at the moment, I cannot find any legal grounds for this!!)
Stop phoning and write to them. DVLA made over £ 3 million last year in their shared revenue from their 0870 numbers.
Update
I received the £190 out of court settlement offer letter, the figure was incorrect so I wrote to them because Icant speak to the local office by phone - no numbers apparently. I heard nohing until a notice of court date with £1000 fine mentioned. But this paper work has the adjusted settlement of £107 on it.
I dont mind payingthe £107 but I should not have to pay £1000 because either 1) my letter never arrived or 2) they never replied. If their originalletter had the correctly adjusted fgure it would never have this far.
What can I do now? I will need to take time off work to go tho the local office............
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Originally Posted by thelightbrigade
