Car clamped while SORN for 3 months

[duffy1807]

Hiy guys, this is my first post and up to now, what ive seen, it has hepled many people out, who interact with this forum and hopefully their will be one more person who will be added to that list.

 

I dont drive round in my car atm due to lack of funds to be able to maintain and run a car. It isnt TAXED or MOT'D.. Last year at college, i was able to do part time work & college work so i drove around in my car. But this year a university, i need 100% commitment to archeive a good final grade therefore i dont work as i need to study and do research quite a lot. This means i dont have much money. Which leads to the reason why my car is offroad! & now i am in a predicament that i think is unjustifyable!. As it stands i dont have money to support my life properly nevermind getting £280 to unclamp my car not talking about the the incuring charges they put against you variable things. Does anybody know if their are any schemes they will take ? I simply cannot afford it!!!

 

Basically, i declared my car SORN about 3 months ago. I came home from university today. To find my car clamped

 

My car has been parked just behind my house in a lay-bi which i think is dedicated for the 3 houses (inc mine) in my block. This is where my car has been parked for the last 3 months. My car is now clamped which i dont think is right.

 

I have phoned the company who clamped my car, and they are not comprimsing with me at all. I have explained the car hasnt moved , is declared SORN, and is on the car park lay-bi next to my house. There answer to that was (its a public car park)

 

I then phoned lancashire council , explaining this, and they two said nothing we can do (its a public car park).

 

Now my argument is.

 

1) I HONESTLY didnt no i couldnt i wasnt allowed to be parked their.

2) There is no where else to park. 2 Garages across the whole street & Nobody in our street has driveways.

 

Throughout the WHOLE street their are 2 garages and their are about 50 houses so i couldnt have put it in a garage and I dont have any private land park my car. Or a driveway.

 

I am phoning the manager of the company who clamped my car up tomoz and going to explain all this to them. Can anybody help me in what would be some good points to say?

 

thanks all

Edited February 2, 2009 by duffy1807
added a few more points

[buzby]

How about; "Who do I make the cheque payable to...?"

 

You've been caught bang to rights, a lay-by of offshoot from a public road is often too close to call, it might be deemed private but there is every chance it might NOT be, so the final arbiter is the council. Do they maintain it or claim ownership of it? If so, it is 'public' and to leave your car there without a tax disc is just asking for trouble. You'll probably find that someone reported it to the DVLA that an untaxed car was there and they sent a contractor round.

 

There is no appeal, as the vehicle was on a public road without a valid tax disc. If it is towed away, the costs will be even higher, plus the ever-increasing storage charged. The clamper will have no discretion in the matter, but it doesn't hurt to ask. The only save way to declare SORN is to KNOW that the land on where the car sits is your own, or property that cannot be classed as public.

[crem]

WHile I'm sure most people on the forum will sympathise with your position, the facts of the SORN procedure are that the car must be off the public highway to qualify. Only if the section of roadway is not maintained by the council can you legally park in a position like you did. Are you sure it is public roadway maintained at council expense?

 

If it is then I think you are wasting a phone call tomorrow as the DVLA/government/clamping company have no morals or good will about them to consider foregoing on some easy income.

[patdavies]

You've been caught bang to rights, a lay-by of offshoot from a public road is often too close to call, it might be deemed private but there is every chance it might NOT be, so the final arbiter is the council. Do they maintain it or claim ownership of it?

 

Ownership is totally irrelevant; all that matters is "Is it maintained a public expense?"

 

If it is, then the offence is complete; if it isn't, then there is no offence.

[buzby]

Ownership is totally irrelevant; all that matters is "Is it maintained a public expense?".

 

Agreed, but that distinction is often misunderstood, whereas although simply put, provides a commonly held and colloquial response. After all there are not many council tasks that are undertaken that are not maintained at public expense. (As council tax payers (public) invariably fund the actions of the council).