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 Post subject: DVLA
PostPosted: Wed Jun 22, 2011 11:55 pm 
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Can anybody... point me in the direction as to what powers the DVLA have regarding wheel Clamping on private property

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PostPosted: Thu Jun 23, 2011 12:02 am 
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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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PostPosted: 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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PostPosted: 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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PostPosted: Thu Jun 23, 2011 12:26 am 
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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
no... they are saying what I said

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: 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
no... they are saying what I said


They can do what you said MR T they can even clamp you on your own driveway


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PostPosted: Thu Jun 23, 2011 1:07 am 
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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
no... they are saying what I said


They can do what you said MR T they can even clamp you on your own driveway
They can't take it away.... not when it is surrounded by legal vehicles....

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 Post subject:
PostPosted: Thu Jun 23, 2011 1:42 am 
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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 :mrgreen:


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 Post subject: Re: DVLA
PostPosted: Thu Jun 23, 2011 7:40 am 
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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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 Post subject:
PostPosted: Thu Jun 23, 2011 4:37 pm 
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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!! :roll: :roll:

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 Post subject:
PostPosted: Thu Jun 23, 2011 8:56 pm 
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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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 Post subject:
PostPosted: Thu Jun 23, 2011 9:02 pm 
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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.
\:D/ \:D/ \:D/

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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 Post subject:
PostPosted: Thu Jun 23, 2011 9:08 pm 
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I take it the information was useful :D

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 Post subject:
PostPosted: Thu Jun 23, 2011 9:18 pm 
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toots wrote:
I take it the information was useful :D


Ohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh yes. :lol:

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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 Post subject:
PostPosted: Thu Jun 23, 2011 11:21 pm 
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MR T wrote:
toots wrote:
I take it the information was useful :D


Ohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh yes. :lol:


The trick is how you google :wink:

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!


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