DVLA Clamping

[Jonny30]

Hi there,I was hoping someone could help me.

 

My brother and his wife own 2 cars,a company one and a clio.Recently the clio needed a bit of work done to it so it was housed in their garage while they save some money.This week my brother had to clear out his garage to take some junk down the skip and to make more room and parked the clio right outside his living room window on a path that connects 2 sets of 5 garages(not a path that is used at all coz its a really quiet road and people use the path on the opposing side which runs all the way along the road).The car has no tax.It was there no longer than 2 nights and he came back from work and it had been clamped.

 

This has hit his wife quite hard as its her car.They tried to contact dvla but they are very black and white with it.So Im trying to work behind the scenes to help them out.They are both law abiding people and have always payed insurance/car tax before.They have 2 children and money is really tight for them.They simply cant afford to pay £200 and maybe more to get the car back.

 

Is there anything that can be done for them?

 

I really feel like they have been stitched up.I think they have fallen foul of mistaken identity as their next door neighbour is a bit of a dellboy when it comes to cars.He often has 4 or 5 trashy cars parked outside and it is my belief that someone has phoned to complain and my brother has had his car clamped.

 

Im really angry about it all and I came close today to angle grind the chain off myself.I decided to take sensible option and do it the right way.I would really appreciate some help in this matter as I have no idea of rights.

 

Kind regards

 

Jon

[green_and_mean]

Was the vehicle SORN?

[sailor sam]

If the car wasn't SORNd then you have no argument i'm afraid. Having said that, I would of thought that you're sister in law would of received a penalty for having no tax at some point if it hadn't been SORNd so was the car parked on the public road? I would not advise trying to remove the clamp if it has been put on by the DVLA or behalf of.

[Jonny30]

Wasnt sorn'd no.As it was living in their in garage(thats ok right?).Ill have to check with them about previous correspondence but I doubt they would of had any,they are not the type of people just to ignore stuff.The car was parked on the path.But whats frustrating is its not like an abandoned car,they have no previous offense's and it was a temporary measure while the garage was being cleaned out.Not there more than a couple days and its been pounced on.Disgusting really,whats worse is the cost at which DVLA have deemed a fair price to get their car back.I mean how is £200 a fair price?its a £300 car.

 

Regards.

[Jonny30]

Actually I say it wasnt sorned Ill have to double check with my sisterinlaw,i dont think it was.

[Jonny30]

Just got text,the car was sorn.

[sailor sam]

They won't get any correspondence while it is SORNd providing all the conditions are met. And it cannot be parked/left/driven on a public road (which includes adjacent footpaths/verges). If it wasn't parked on private land when it was clamped, then it's a 'fair cop' i'm afraid.

[Cyberprog]

Was where it was parked part of the public highway? They can't clamp a vehicle if it's parked on private land and on SORN, only if parked on the public highway.

[Jonny30]

Well the plot thickens.Its looking like there is strong possibility the path in question belongs to hastoe housing,so maybe I can get them off on technicality Im hoping.Ive called the area housing manager couple of times today and left messages,waiting for ringback to confirm the pathway is in actual fact hastoes and also that it was not hastoe responsible for ringing the DVLA,that being they case I would be back to square one.I wont be ringing the actual clamping firm again as they were rude and came across as quite thuggish.

 

Jonny fighting!!

[MrShed]

I doubt it matters who called the DVLA, even if it was the property owner?

[Raykay]

It's not who owns the land, you need to find out who is responsible for the the maintenance of it, private or public. The requirement for a licence is if the vehicle is kept or used on a public road, the definition of a public road is 'a road which is repairable at the public expense'.

[lamma]

True, thats the definition that applies for VERA offences so check it out.

[Jonny30]

Ok thankyou

[Jonny30]

Just got off phone to hastoe maintence guy,hes informed me it is hastoe who owns the path and is indeed responsible for its maintenance.I sure hope i can pull this off.

[MrShed]

DVLA should have no leg to stand on then.

[Jonny30]

Thats what im hoping.I just put the 2 guys together now (DVLA and hastoe maintenence guy),am waiting for call back from DVLA once theyve had it confirmed about the land.Fingers crossed and ty to you all for ur help.

[Jonny30]

Last update for u guys,had ringback from DVLA who have now spoken to maintence manager.Been told once they receive the paperwork about who owns the pathway they will release the car free of charge,so just waiting on M manager to email docs across.So should just be a formality now.Still annoyed that DVLA are dragging this out.Theyve spoke to hastoe now which in my opinion should be enough proof.

 

Ive decided once the car is back in the garage safely tucked away I am going to try and turn the tables on the clampers and bill them for all my phonecalls/time spent on getting somthing back which should never have been taken,better still i wish i could get my hands on a clamp and clamp one of their cars hehe.

 

Ive rated all ur replys as i figured thats the least i can do as u were all so kinda enough to try and help me.If ive missed anyone please say.

 

Thanks again all for the advise its really appreciated.

 

Jon

[honeybee13]

Hello there. If I might be so bold, if CAGgers have saved your family money, a small donation for what you've saved would help CAG carry on and advise others with problems.

 

My best, HB

[Jonny30]

Once I have some money I will gladly make donation.Things are a little tight at the moment.

 

The car has now been returned,reappeared in the exact same spot this morning.Do you guys think its worth sueing?Turn the tables and charge them so to speak.They were very uncomprimsing and unhelpful.Alot of phonecalls were made trying to sort this out and i think its reasonable to charge them the exact same cost they would of charged us.

[ashmk]

You have the car back, put it behind you and move on. If you choose to pursue this be prepared for a lot of headaches. In my opinion, for a quiet life just forget it now.

[Cyberprog]

Once I have some money I will gladly make donation.Things are a little tight at the moment.

 

The car has now been returned,reappeared in the exact same spot this morning.Do you guys think its worth sueing?Turn the tables and charge them so to speak.They were very uncomprimsing and unhelpful.Alot of phonecalls were made trying to sort this out and i think its reasonable to charge them the exact same cost they would of charged us.

 

You could send them a speculative invoice, but I doubt you'd get anywhere. As bureaucracies go, the DVLA is very similar to the depiction of the central bureaucracy in Futurama