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kevincharles

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  1. Thanks bird very much, l tried so hard to explain to the person at he clamp pound that l had made a SORN and that the car was parked off road but..... she just kept repeating according to the inforement officer who attended my vehicle was parked on the public highway. They gave me little choice... either pay £260 within 24 hours or it will then go upto £360 and then removed. Of course l tokk photos of my car clamped in our extremely pvt carpark.... some 25 metres off the main road would you believe. Eventually l got a summons to appear in court for being parked on the highway with an untaxed vehicle. At court all the cases were just DVLA and the DVLA had their own man there. l had land registry evidence from the council who were great sending me a letter stating the area clearly was pvt, along with the photo's. The DVLA imeddiately said there has been an almighthy mix up here obviously, and 5 mins later we went back into the court and the case was dismissed due to no evidence. l have left it over a yr since then, but now its really getting on my nerves letting them get away scot free. so l have decided to claim back the £260 clamping release fee. Thanks so so much l shall put the NCP DVLA pound at White city London down as the address on the county court papers. l also have the officers name who clamped my vehicle, should l also put his name down before the NCP DVLA pound address ???? Thanks so much Kevin.
  2. Thanks Crem, And apology to all here for my silly outburst. Damn bills getting to me at moment and just wanted to get my money back from these highway robbers.
  3. ahhhhhh well looks like a trip to CAB on Monday to find out this question. l thought this site sounded to good to be true. Taken over by Advertisers no doubt ;-[ The sad thing is l'll probably get a few responses to this *moan* and not anything related to the question ;-]
  4. I paid the clamping fee to a DVLA compound. So wasnt that the DVLA ? I'm guessing then that l have to put this address on the county court papers for me to recover the unlawful clamping fee imposed on me. If anyone can confirm this l'd really be grateful.
  5. l paid NCP Services DVLA Compound. White City Vehicle Pound. West London.
  6. Hi Guys, l finally picked up the forms from the county court to take the DVLA to court for wrongly accusing my car of being parked on a public road when it was parked in a pvt carpark. This was all accepted byt eh DVLA in court last yr and the case was thrown out due to no evidence. Now l have to claim back the clamping fee l paid to have removed by the DVLA that day. My Question is : which address do l put down for the DVLA on the small claims county court form??? is it possibly the local address that was shown on the original court summons to me? which is * Station road, Sidcup..... or do l have put down their head office ??? l'm alos pretty crap at explaining things in writing. If one of you guys could briefly tell me what l have to say on the county court claims form l'd really be greatful. Regards Kevin.
  7. thank you so much folks. l will let you all know once l have submitted all the papers to court, and keep you informed of the outcome. and l apologise once again for all my waffling here trying to explain things.
  8. l'm gonna make a claim at the county court next week. l will cut and paste the results directly in here for you guys. wish me luck.
  9. Thanks so much once again everyone for your great advice. Can l pls ask just another question. l am on income support. If l bring proof of this to the small claims court can l make a claim at the court free of charge ? l have seen moneyclaim and it looks great, but l can't see anywhere it says people on low incomes are exempt from their fee's
  10. thanks sam and noon, today was the first time the DVLA said my car was *not sorn and off-road* at the same time. This is totally different to what they said for the last yr, including leading upto the summons to appear at court. they had always only said that my vehicle was seen unlincensed on the public highway, which of course it never was, as was confirmed by my own photos and also the enforcement officers photos which clearly showed my vehilce was on pvt land. l phoned and wrote to them, trying to expalin that that had made a mistake and they simply kept saying, that the enforcement officer was ademant the vehicle was seen on the public highway. At court the DVLA representative looked at the photos of my clamped car and the council letter stating the land is pvt, and immediatelty apologiesed and said there has been a clear error made here by the enforecment officer. case was then dismissed 2 mins later. Only now are the DVLA now argueing apart from the clamping, which l understand to be a totally different issue, as the clamp was put on my car under the authority and law that my car was on the public highway. that anyway because they say l didnt make a sorn, then they won't return my clamping fine, can they really do this ? l have gone blue in the face telling them for over a yr l made all the correct sorn statements and sent them to them. Do l just go to the county court with the summons from the DVLA which accused me of having a vehicle on a public road, which was proven to be untrue ? and if so how do l do this ? as l have no paperwork from the magistrates court given to me on the day saying the case was dismissed.
  11. Sam, They say l wasnt SORN, even though l had made 3 previous SORN statements in the past almost 3 yrs. Its their word against mine, even though l have written to them and asked them to investigate this whole matter of the SORN. And now they say in the letter recieievd [ see previous post] today that my appeal to have them return the clamping fee of £260 imposed on me for having a car seen on the public highway [ which was disproved by myself in court] will not be returned to me, because they maintain l was not sorn'ed on that date anyway. how can they refuse to return the money for the unlawful clamping they carried out accusing my vehicle of being on the highway, when it was not on the highway. if they want to try and take me to court for not having a sorn on my car l am happy to go to court once again and explain all this to a judge of how many times l had informed the DVLA l had made a sorn statement. but.... how can it be legal for them to withhold money for a seperate offence of having a car on the public highway which was dismissed in court???
  12. l have already sent them the *letter before action* and they have sent their response from their *Wheelclamping dept* saying the reasons for refusing my appeal. l think they are wrong and need to know how to reply to this latest letter.
  13. my main question is : Can the DVLA get away with this ? They take me to court stating that my vehicle was seen untaxed on the public highway. This was proven not to be true in court by me, and case dismissed. The details: my car was clamped after they say they witnessed it being on the public highway when it was on pvt land. l had to pay £260 to have clamp removed and stop them removing the car completely. Now today they write a letter to me admitting finally my car was parked *off road* but my appeal to have my clamping fee returned due to them stating wrongly my car was seen on the public highway has been refused by them, they state the 2008 finance act as the reason, but, the reason they clamped and took me to court was because they wrongly stated that my vehicle was seen on the public highway. Any advice on how to deal with this would be greatly reciieved.
  14. sorry guys, just a bit more to add, my friend just told me that the DVLA cannot refuse to payback the £260 clamping charge just because they believe another offence occurred. They say that the clamping has already been deemed to have been an unlawful act by the magistrates, as my vehicle was not seen on the public highway as discribed by the DVLA. therefore whether or not another offence took place, full reinbursment should be accepted and handed back to me by the DVLA over that single matter.
  15. hi guys, l just wanted to add, the 28 day period for the DVLA is up soon, and l still want to take this to the small claims court. l am on income support, so l can take out an action against them for free. l have done absolutely nothing wrong, l sent of my sorn statements for the past 3 yrs and the DVLA have never investigated this. This whole matter has caused me so much stress and worry, and now they are trying to wiggle out of paying me back the £260 clamping charges l had to pay for them wrongfully stating that my vehicle was seen on the public higway that day and therefore clamped where it was seen [ private land] if any of you guys could help me with the wording in replying to this latest letter from them , once again l'd be really grateful.
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