DVLA clamp my sworn Car on Pvt Land.

[kevincharles]

Which is the best DVLA address to send this letter to. There seems to be quite a few. l shall be sending it *special delivery*

[kevincharles]

Hi guyz,

 

Below is the proposed letter l intend to send to the DVLA in order to get my unlawful clamping charge fee of £260 back.

Please please please feel free to add/delete/correct any part of this letter, then l will send it off to these wonkers immediately.

Thanks Charles.

 

 

Dear Sirs,

On the 2nd March 2010 I was summonsed to appear at South Western (3) Magistrates Court held at 176A Lavender Hill Battersea London SW111JU to answer the charge that on the 23rd March 2009 at Boston Manor rd W7

 

I kept a mechanically propelled motor vehicle registration mark P333PPP for which a licence was not in force, contrary to Section 29910 of the vehicle and Excise and Registration Act 1994.

This Matter was dealt with in court on the day and all charges were dropped due evidence provided by myself.

I must also inform you that the Magistrate advised me to write to you immediately regarding yourselves refunding myself of the unlawful £260 clamping charge imposed on the alleged offence date.

I therefore give you 28 days [from the date of this letter] to repay the unlawful clamping charge you imposed on myself .

If you fail to reply to this letter within 28 days l will immediately commence County Court proceedings to recover this lose.

 

Yours Faithfully Charles

[buzby]

You must have monety to burn. If you trthink it worth £4 to to get a signature, whilst posting nothing of value, you might get a Xmas card from RM. RD signatures are cheaper.

[kevincharles]

point taken ;-] does the letter look ok though to send ?

[car nut]

letter looks okay but i would have listed

return of fine 260

intrest at 8 per cent per day to repayment date

[kevincharles]

huy guys,

1 week to go till 28 days is up. As already guessed, not a word in reply back from DVLA.

l have a special delivery record showing the letter before action was sent.

I am a full time carer in receipt of income support, so l heard l can make a claim at the small claims court for free.

Please if anyone could give me any advice on how to go about making this claim against the DVLA l would really be grateful.

 

Thanks Charles

[JimmySpangle]

I hope you did NOT ask for 8% interest per DAY, otherwise the delay may be due to them being unable to hold then pen still long enough from laughing to write a cheque.

[kevincharles]

no l didnt. l just want my money the DVLA forced fraudently out of me, also making me have to appear in court to prove and show evidence to a magistrate of which l'd previously already shown to them.

[kevincharles]

Please also, I have to put the DVLA address on the county court small claims form. Is there a particular address l have put on this form ???

ie: reginal office or head office ???

[buzby]

Always the main, head or registered office - never a branch or regional presence, as if they do not defend, they can argue improper service.

[kevincharles]

ok then, so on the county court small claims form l put the DVLA main address SWANSEA ?

[sailor sam]

8% per year.

Daily interest @ 8% per annum on £235 would be 5p

 

No. Its calculated by adding 8% to the amount in question then dividing by 365 which will give you the daily rate of interest which you then times by the amount of days from the date the debt originated to the date of judgement or payment which ever is sooner. Interst can only be awarded through the county court in any event and will only happen if it is claimed via the application.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[crem]

8% per year.

Daily interest @ 8% per annum on £235 would be 5p

 

No. Its calculated by adding 8% to the amount in question then dividing by 365 which will give you the daily rate of interest which you then times by the amount of days from the date the debt originated to the date of judgement or payment which ever is sooner. Interst can only be awarded through the county court in any event and will only happen if it is claimed via the application.

 

.. which equals 5p per day like I said.

[sailor sam]

Sorry crem, had miss-read your earlier post. At first glance, I thought it meant 5p interest per annum.

[crem]

No probs

[kevincharles]

Hi Friends,

 

l have had a reply letter from DVLA Wheelclamping Unit today.

Here is what they say:

 

Thank you for your letter of March the 8th addressed to the DVLA regarding the wheelclamping of your vehicle.

I have examined the details you provided and there can be no dispute that an offence was committed as the vehicle was in an off-road location without a valid statutory off road notification (SORN) in force. new powers were introduced in the 2008 finance act that make this an offence. The onus is on the keeper of a vehicle to ensure that it is declared off0road in the appropriate place.

At the time of wheelclamping, an excise offence report was completed detailing the sighting of the unlicensed vehicle. This is an offence contraryto section 29 of the vehilce excise and registration act (VERA) 1994. It is seperate from the wheelclamping action. The report is submitted to the nearest DVLA enforecment office for investigation and they contact the keeper to recoup the unpaid duty. The fact thatthe case was dismissed in court does not mitigate the original wheelclamping offence that took place.

The responsibility for complying with the rests with the vehicle keeper. Whilst it is ackknowledged that not not everyone who falls foul to this law is a deliberate evader, the law does not discriminate in its application and, consequently, neither can we in its enforcement. Having fully reviewd the details of this case l am satisfied that the enforcement action taken by the agency was correct and proportionate. l regret that l am unable to grant your appeal.

Yours sincerely Wheelclaming officer.

 

Thata the letter above guys. If you read my history on this thread, you will see that they took me to court over me having a vehicle parked on the hpublic highway. l showed the council highways letter in court along with photo's which clearly showed my car was parked on pvt property, which the court accepted and imediately through out the case last month.

Now l get this letter today, saying for the first time they admit now my vehicle was *off-road*

the whole reason for the summons to court and the clamping was because they said my vehicle was seen on the public highway.

this is the reason l was clamped, not because l hadnt made a sorn statement, surely they have to repay my clamping fine back because this was done in error for the reason of them stating my vehicle was seen on the public highway.

l have phoned them so many times and written letters telling then about the previous SORN statements l have made to them each yr, and that my vehicle was sorn. they have never replied or said to me that they would investigate this matter.

And now is this letter they are saying that the clamping is still justified because they never reciieved a sorn statement from me.

How can they clamp me for saying l was on the public highway, and then say well ok you were not, but we are justified in clamping you anyway.

the offence they say l committed and clamped for was proven to be wrong and dismmissed in court. arnt l legally entitled to recover all costs over this ??? whether or not the DVLA now say *well you never made a sorn statement anyway therefore even though we took you to court wrongly over stating your vehicle was seen on a public road, the clamping fee is still justified. surely this can't be right.

Pls if anyone can help me with a reply to this letter l would be extremely grateful. l now have a direct email address which l can email the wheelclamping dept directly.

 

Thanks Charles

[kevincharles]

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.

[kevincharles]

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.

[kevincharles]

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.

[sailor sam]

Send final letter before action stating that you will, without further reference to them, commence a claim via the small claims court 14 days from the date of your LBA to recover the £260.00 clamping charge unless they refund this amount to you in full within the time stated. In the event of these proceedings being necessary you will also claim interest on the amount in addition to the court costs.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[kevincharles]

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.

[sailor sam]

If this is their response to your LBA, then there is no need to reply to it.

If all the info in your thread is accurate and there isn't any danger of them producing any evidence of you using/parking your car on a public road during the time it was SORNd then this is what you now need;

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

It will cost you about £35. Dont forget to claim the interest from the date you handed the money over when prompted. There is a help line to guide you if necessary. Good luck!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[kevincharles]

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???

[sailor sam]

I've read the response that you posted and it does not mention the fact that your vehicle was on the 'highway'. It does however state that as far as they are concerned, your vehicle was not showing as being SORNd. You have already sucsessfully satisfied a judge sufficiently enough to dismiss the case once so now your next step would be to take them to court which seems to be your only option now if you want to recover your money. This is the only way you question in your last sentence will be answered. Obviously it will help if you still have copies of the letters you have sent to them.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[noomill060]

Good luck Kev.