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| Author: | MR T [ Wed Jun 22, 2011 11:55 pm ] |
| Post subject: | DVLA |
Can anybody... point me in the direction as to what powers the DVLA have regarding wheel Clamping on private property |
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| Author: | skippy41 [ Thu Jun 23, 2011 12:02 am ] |
| Post subject: | |
Yes, If a vehicle has not been declared Sorn (that's off the road ) and it does not have insurance or RFL it can be clamped or even taken away and crushed no matter where it is The new legislation came in around a year ago |
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| Author: | MR T [ Thu Jun 23, 2011 12:20 am ] |
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I am trying to find the laws they have to comply with.... vehicle is not taxed ... and the green part of the registration document has been sent in which means it doesn't have to be sorn... it is covered by a trader's policy...... what they are trying to say.... is that if the public have access to the private land they can take the vehicle away.... |
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| Author: | skippy41 [ Thu Jun 23, 2011 12:23 am ] |
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MR T wrote: what they are trying to say.... is that if the public have access to the private land they can take the vehicle a way....
No they are saying if the vehicle is not taxed insured or has no MOT they know and can if not declared sorn clamp it or remove and crush it just in case the owner decides to chance there arm and drive it on the public highway Its been on the TV adverts for long enough |
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| Author: | MR T [ Thu Jun 23, 2011 12:26 am ] |
| Post subject: | |
skippy41 wrote: MR T wrote: what they are trying to say.... is that if the public have access to the private land they can take the vehicle a way.... No they are saying if the vehicle is not taxed insured or has no MOT they know and can if not declared sorn clamp it or remove and crush it just in case the owner decides to chance there arm and drive it on the public highway Its been on the TV adverts for long enough |
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| Author: | skippy41 [ Thu Jun 23, 2011 12:52 am ] |
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MR T wrote: skippy41 wrote: MR T wrote: what they are trying to say.... is that if the public have access to the private land they can take the vehicle a way.... No they are saying if the vehicle is not taxed insured or has no MOT they know and can if not declared sorn clamp it or remove and crush it just in case the owner decides to chance there arm and drive it on the public highway Its been on the TV adverts for long enough They can do what you said MR T they can even clamp you on your own driveway |
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| Author: | MR T [ Thu Jun 23, 2011 1:07 am ] |
| Post subject: | |
skippy41 wrote: MR T wrote: skippy41 wrote: MR T wrote: what they are trying to say.... is that if the public have access to the private land they can take the vehicle a way.... No they are saying if the vehicle is not taxed insured or has no MOT they know and can if not declared sorn clamp it or remove and crush it just in case the owner decides to chance there arm and drive it on the public highway Its been on the TV adverts for long enough They can do what you said MR T they can even clamp you on your own driveway |
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| Author: | skippy41 [ Thu Jun 23, 2011 1:42 am ] |
| Post subject: | |
http://www.direct.gov.uk/en/Motoring/Ow ... DG_4022072 http://www.honestjohn.co.uk/forum/post/ ... tm?t=65714 Who's been a naughty boy then |
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| Author: | Sussex [ Thu Jun 23, 2011 7:40 am ] |
| Post subject: | Re: DVLA |
MR T wrote: Can anybody... point me in the direction as to what powers the DVLA have regarding wheel Clamping on private property
Ring them up and ask. |
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| Author: | Skiman [ Thu Jun 23, 2011 4:37 pm ] |
| Post subject: | |
MR T wrote: I am trying to find the laws they have to comply with.... vehicle is not taxed ... and the green part of the registration document has been sent in which means it doesn't have to be sorn... it is covered by a trader's policy......
what they are trying to say.... is that if the public have access to the private land they can take the vehicle away.... Quite right Mr T ,I got a ticket for no seat belt in Brighton Marina to which the public has access, the Officer made the point as you say, but if it is PRIVATE property to which the public has no general access then they have no powers even after the changes which took place a couple of days ago. And they certainly cannot clamp on your own driveway!!
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| Author: | toots [ Thu Jun 23, 2011 8:56 pm ] |
| Post subject: | |
http://www.statutelaw.gov.uk/cont...ext ... lesize=433 Not sure if that is of any use. I also found this on another forum, again not sure if it's any use Quote: It states that they cannot clamp a vehicle on private land, if that land is part of a dwelling - ie it is part of the deeds and the owner of the house has legal right to that land - I think for the sake of clarity, this really means land immediately in the vicinity of the house, ie the driveway, gardens around it etc.
It's a frequent occurrence....usually by an over-zealous company called NSL who work on DVLA's behalf. An extract of a letter that I saw in reply to someone asking DVLA is below - sorry for the length: The DVLA’s powers to clamp and impound unlicensed vehicles are catered for in legislation and Statutory Instruments. The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 as amended provide for the immobilisation, removal and disposal of unlicensed vehicles on the public road. From 1 October 2008 unlicensed vehicles can be wheel clamped and/or impounded even if kept off the public road, but there are important exceptions to the new powers. It remains an offence to keep an unlicensed vehicle on a public road. The change is that enforcement action can now be taken off road (subject to exceptions) where previously it could not. The onus is on the keeper of a vehicle to ensure that the appropriate tax disc has been obtained and is displayed on the corresponding vehicle or Statutory Off Road Notification (SORN) declaration made to the Agency. Any vehicle with a SORN declaration must be kept on private land and not used on the public road until the appropriate tax disc has been obtained and is displayed on the vehicle related vehicle. This position has not changed following the introduction of expanded enforcement powers and a vehicle that has a valid SORN in force can still be kept off road. There is no change to the SORN legislation; a vehicle kept off the public road with a valid SORN in force is fully compliant therefore no enforcement action will be taken against it. However, where there is reason to believe the SORN has been breached the vehicle can be wheelclamped or impounded. The exceptions to the expanded enforcement powers state that vehicles parked on land associated with a house or a block of flats cannot be wheel clamped or impounded. This applies for example, to private driveways, garages and allocated parking bays. Also vehicles kept by a motor trader or vehicle tester at a business premise cannot be wheelclamped or impounded. But remember, this refers to a dwelling, not private land part of a business etc (unless a motor trader). |
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| Author: | MR T [ Thu Jun 23, 2011 9:02 pm ] |
| Post subject: | |
The exceptions to the expanded enforcement powers state that vehicles parked on land associated with a house or a block of flats cannot be wheel clamped or impounded. This applies for example, to private driveways, garages and allocated parking bays. Also vehicles kept by a motor trader or vehicle tester at a business premise cannot be wheelclamped or impounded.
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| Author: | toots [ Thu Jun 23, 2011 9:08 pm ] |
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I take it the information was useful
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| Author: | MR T [ Thu Jun 23, 2011 9:18 pm ] |
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toots wrote: I take it the information was useful
![]() Ohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh yes.
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| Author: | toots [ Thu Jun 23, 2011 11:21 pm ] |
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MR T wrote: toots wrote: I take it the information was useful ![]() Ohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh yes. ![]() The trick is how you google
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