Clamped on a private car park

[mohmmad786]

Hello everyone, this is my first post and i thought ill ask you guys about my problem. I got a van which i use to use to do deliveries with but 6 months back the company i was working for went bankrupt and cause of all that i didnt had money to get it taxed and insured. Now i havent got a garage or driveway so i parked my van at my daughter's, She lives in a private rented apartment and the parking downstairs got a board PRIVATE CAR PARK. Today when she came out of her apartment she saw that my van is being clamped so she came and gave me the ticket. It was from dvla, i called them and asked why they have clamped my van and i was told by a very RUDE lady that the rules were changed in october(not sure this past october or the year before) and now they can clamp the cars/vans on private car parks as well. To me it seems a bit unfair as private car park is not much different to a driveway(the lady from dvla said they cant clamp on driveways) as apartments cant have driveways and u cant park ur car on second floor lol. I was thinking about going to citizen advice bereu in the morning but i thought ill ask you guys as well where i stand. I would really appreciate if you could give me any sort of advice.

Thanks in advance.

[Blagton]

Hello everyone, this is my first post and i thought ill ask you guys about my problem. I got a van which i use to use to do deliveries with but 6 months back the company i was working for went bankrupt and cause of all that i didnt had money to get it taxed and insured.

 

To start was it SORNED ? You don't say one war or another.

 

Now i havent got a garage or driveway so i parked my van at my daughter's, She lives in a private rented apartment and the parking downstairs got a board PRIVATE CAR PARK. Today when she came out of her apartment she saw that my van is being clamped so she came and gave me the ticket. It was from dvla, i called them and asked why they have clamped my van and i was told by a very RUDE lady that the rules were changed in october(not sure this past october or the year before) and now they can clamp the cars/vans on private car parks as well. To me it seems a bit unfair as private car park is not much different to a driveway(the lady from dvla said they cant clamp on driveways) as apartments cant have driveways and u cant park ur car on second floor lol. I was thinking about going to citizen advice bereu in the morning but i thought ill ask you guys as well where i stand. I would really appreciate if you could give me any sort of advice.

Thanks in advance.

 

I wouldn't bother with CAB - chances are you won't get accurate information.

Edited December 8, 2009 by Blagton

[mohmmad786]

No it wasnt sorn as i am still looking for a job and only parked there cause it hasnt got any tax on it but the only reason i parked there was cause its got a big sign of private car park.

[green_and_mean]

1. New powers gained under the Finance Act 2008 will see The Driver and Vehicle Licensing Agency (DVLA) and Driver and Vehicle Agency (DVA) in Northern Ireland step up the enforcement effort against Vehicle Excise Duty (VED) evasion. Existing powers to tackle untaxed vehicles have been expanded and enforcement can now take place off the public road.
   
2. The purpose of the expanded powers, commencing 1 October, is to prevent evaders of vehicle excise duty (VED) from using off road locations as safe havens where the wheel clamping or removal sanction could not previously be used. Evidence gathered in 2005 estimated 150,000 untaxed vehicles in local authority car parks. These were vehicles likely to have been in use on the public road.
   
3. Expanded powers will not extend to private driveways or areas associated with private dwellings. In addition, untaxed vehicles stored on the premises of motor traders or testing stations will be exempt from enforcement.
   

source DVLA website

[Blagton]

No it wasnt sorn as i am still looking for a job and only parked there cause it hasnt got any tax on it but the only reason i parked there was cause its got a big sign of private car park.

 

But even if it was on Private Land and Off the Public Highway road you need to SORN it to say as such - if not advised otherwise DVLA will assume it is a car being used on the public highays but just not taxed - you are just seen to be evading VED.

 

Even if it was on your own Driveway and not SORNED you would be seen to be evading VED - it would not have been clamped though.

 

Blagton.

[mohmmad786]

1. New powers gained under the Finance Act 2008 will see The Driver and Vehicle Licensing Agency (DVLA) and Driver and Vehicle Agency (DVA) in Northern Ireland step up the enforcement effort against Vehicle Excise Duty (VED) evasion. Existing powers to tackle untaxed vehicles have been expanded and enforcement can now take place off the public road.
   
2. The purpose of the expanded powers, commencing 1 October, is to prevent evaders of vehicle excise duty (VED) from using off road locations as safe havens where the wheel clamping or removal sanction could not previously be used. Evidence gathered in 2005 estimated 150,000 untaxed vehicles in local authority car parks. These were vehicles likely to have been in use on the public road.
   
3. Expanded powers will not extend to private driveways or areas associated with private dwellings. In addition, untaxed vehicles stored on the premises of motor traders or testing stations will be exempt from enforcement.
   

source DVLA website

Thanks alot bro but the same source is saying this as well which is a bit confusing for me.

 

If the vehicle is kept off-road it must either be taxed or have a SORN in force.

 

and Blagton is saying the same kind of thing.

But even if it was on Private Land and Off the Public Highway road you need to SORN it to say as such - if not advised otherwise DVLA will assume it is a car being used on the public highays but just not taxed - you are just seen to be evading VED.

 

Even if it was on your own Driveway and not SORNED you would be seen to be evading VED - it would not have been clamped though.

 

Blagton.

 

Sorry guys i am just not very good with this stuff so need a bit more help and again thanks alot for ur help as it is very helping

[Blagton]

Thanks alot bro but the same source is saying this as well which is a bit confusing for me.

 

If the vehicle is kept off-road it must either be taxed or have a SORN in force.

 

But your vehicle had neither.

 

If you don't declare it SORN then the DVLA will assume that you are just avoiding the VED.

 

When you SORN a vehicle you are sayng "I'm not keeping or using my vehicle, nor will I on the Public Highways, if I do I will apply for a Tax Disc". If you own a vehicle you must either Tax it or declare a SORN.

 

It doesn't cost anything to SORN and that is what you should have done when the Tax expired (or before and claimed a refund on any full months remaining) said it was SORN and parked it on your own drive (if you had one) or off the PUblic Highways - as to whether your Daughters parking area fulfilled that requirement we dont' know but it seems not [1].

 

As you didn't declare it SORN the DVLA saw your Car as one avoiding VED. The tax was overdue and so it was clamped [1].

 

[1] It would seem your daughters parking area may not be considered a Private Driveway or an area associated with a private dwelling so as such the DVLA clamped your vehicle. You may wish to challenge that with the DVLA but you still have a vehicle that was not, but should have been Taxed (as you didnt declare it off road).

 

Blagton.

[JimmySpangle]

That is correct. You MUST tax or SORN the car. If you don't (as in this case) DVLA will look for it. If it is on your own private driveway, they cannot take it or clamp it, but will fine you. If it is on a public road or publicly accessible car park (like this was) they can take it or clamp it.

 

Your only way out is to pay the fine and back tax.