Wheel clamping operators and towing cars away from private land by NSL for the DVLA.
Dear Sir or Madam,
Reference: Wheel clamping operators and towing cars away from private land by NSL for the DVLA.
DVLA works in partnership with NSL Limited who operate the wheel clamping scheme and a number of local authorities and police forces who operate local wheel clamping schemes in their areas. Given the aforesaid, could you please tell me if the NSL have the power to go onto private land to wheel clamp a person’s car because it had no road tax, if so what criteria need to be fulfilled to make the wheel clamping and removal of the car from private property lawful in spite of the fact that the DVLA had been told that the car was a write off therefore it would be kept off the public highway? Also, what was the amendment to the VIRAA 1994 on the 1 October 2008 that may be relevant to the situation?
Yours faithfully,
Derek Canning LLB [hons]
Dear Mr Canning
Thank you for your e-mail of 7 May 2009 which contains a request under
the Freedom of Information Act (FOIA) 2000 relating to wheel clamping
regulations.
Please note that although the request has been received via the Freedom
of Information (FOI) e-mail address, the request falls outside the FOIA
and will be dealt with as “business as usual”.
The DVLAÂ’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.
As you have not provided the vehicle registration number of the vehicle
in question then I am only able to provide a general reply to your
question concerning the removal of a written-off vehicle from private
land. Should you want a more specific answer then you will need to
provide the vehicle registration number.
However, I should explain that where a vehicle has been declared a write
off and kept off the public highway, in such circumstances and dependant
on whether the vehicle was to be made road worthy once again, the Agency
would expect the keeper of the vehicle to submit a SORN declaration or
having made the vehicle road worthy, license the vehicle for future use.
Derek Giles left an annotation ()
Perhaps some one can help me regarding my vehicle that was taken by the 'crusher crew' whilst i was in Australia. The charge was that the vehicle was taken because it was seen on the highway. The vehicle itself was in the pub carpark with the landlord permission. The main issues I have is that I went to Magistrates court and the DVLA could not produce evidence or produce a witness. The DVLA are now saying that the car was not SORN which it was not BUT the charge was that it was seen ON the highway which it was not. In the vehicle (which I was preparing for the MOT on my return, was about £500 of tools and a sat nav. These also have been crushed .
Having written to the DVLA and had a negative response, what is my position on this now
Regards Derek Giles
PS the Merchant of Venice and the pound of flesh spring to mind!
Derek Canning LLB [HONS] (Account suspended) left an annotation ()
You have no alternative but to take them to court.
Derek Giles left an annotation ()
Thanks for the advise.I will try one more time to ask the DVLA to reconsider their refusal for compensation then speak to a friendly Solicitor. My problem with this is as an OAP on very limit budget( and with out tools) I cannot get legal aid on a civil case ....or can I?
Regards Derek Giles
Derek Canning LLB [HONS] (Account suspended) left an annotation ()
If you are on benefits the Small Claims is free.
nick mason left an annotation ()
Thanks to Derek, great to have some clarification, as I believe the clamping agents are exploiting the grey areas in many cases. However, in most cases, it has to be said that regardless of whether the vehicle is on private property or not, if it is not taxed or sorned, there is little defence. Interesting to see this new service, https://sites.google.com/site/clamprescue must be very busy in the current climate!
Derek Canning LLB [HONS] (Account suspended) left an annotation ()
Road Tax is now a form strict liability but th Watchdog Programme have found that the DVLA are not getting it right for some people.
grooks left an annotation ()
Hi there, i have just read this letter
before i write something, please would you let me know if this case has been settled.
thanks
Derek Canning LLB [HONS] (Account suspended) left an annotation ()
Yes they gave the car back full of scratches.
michaelsmith left an annotation ()
hi there I have read your story and have to admit iv been in the same situation I had my van taken away even thou it was on a sorn I also had the person who was a contractor for dvla lie to the police when thay came and tried to get me arrested for driving on a road with no insurance of tax on my car even thou the car was not even able to be drivern when I contacted the company concerned to ask for details of the men who took my van thay sent me a letter asking me to pay for any imfomation that I needed to futher my case witch comes to a lot of money in the hope that I will not continue with my case againsted them however I have witness statements and video film showing every thing that happened even to the man lieing to the police if any one else has had this problem with nsl staff working on behalf of dvla I would love to here from you my email is michaelsmith1960@hotmail.co.uk
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
Ganesh Sittampalam left an annotation ()
This request was used by someone (not me!) as background information for a complaint to the DVLA about illegal clamping:
http://groups.google.co.uk/group/uk.lega...