SORN'ed car clamped - fuming.

[veevee]

Before anyone starts, yes I am aware that this is my own fault.

One of my cars has a blown HG, and I pushed it off my drive, and parked it on the side of the road, while i was doing something to my new car on the drive. It's completely on the pavement, isn't getting in anyone way, and as this is a fairly quiet road, i didn't think it'd be a problem. It has been there for a few days now.

Today I get up to find it has a clamp and a notice on the windscreen. Needless to say I am not happy.

If it was a notice saying move within 24 hours or get clamped, that'd be great, and would make a lot more sense. Even a £100 fine I would be OK with. £100 within 24 hours + £160 'surety' - which I'm not sure I understand the concept of; is not.

Is there anything I can do other than pay the £260? I'm getting tired of being extorted for petty things which could be resolved more effectively with simple communication!

[funkyrobot]

Erm, I think you'll need to pay the fine. You have done something that you know to be wrong so you'll just need to man up.

[rev-erend]

Cut the clamp off with an angle grinder .. then put the car back on your drive.

Throw clamp in local river.

Sorted.

[Ozone]

rev-erend said:

Cut the clamp off with an angle grinder .. then put the car back on your drive.

Throw clamp in local river scrapyard and get a bit of cash for it .

Sorted.

Sorted

[Big Fat Fatty]

Is it one of those clamps that let go if the tyre is deflated? If so no need to get the angle grinder out. just leave it where you found it but move the car out of sight (put a cover over it on the drive or something).

If not then get cutting.

[veevee]

funkyrobot said:

Erm, I think you'll need to pay the fine. You have done something that you know to be wrong so you'll just need to man up.

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road, and isn't causing an obstruction. I would have happily moved it if anyone had asked, and would have moved it back in a couple of days anyway.

So yes, technically wrong, but not almost-£300-wrong.

[Watchman]

Who issued the clamp? If it was a legal body like the council, then you need to pay-up. If it's a private firm, cut the clamp off, throw it in a river, and deny everything.

You know you're in the wrong but I throw morality out of the window when it comes to private clamping firms extortionists.

[CampDavid]

rev-erend said:

Cut the clamp off with an angle grinder .. then put the car back on your drive.

Throw clamp in local river.

Get bill for clamp + criminal damage charge from DVLA

Sorted.

EFA

Pay it. Technically wrong is still wrong.

I believe part of it should be refunded on proof of tax disk

[Superhoop]

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road, and isn't causing an obstruction. I would have happily moved it if anyone had asked, and would have moved it back in a couple of days anyway.

So yes, technically wrong, but not almost-£300-wrong.

The problem here being, the rules relating to RFL relate to the public highway, not the road - The foot path being part of the public highway

[williredale]

http://www.direct.gov.uk/en/Motoring/OwningAVehicl...

From the website:
A public road is a road maintained at the public expense, including grass verges and ground adjoining the road.

I wouldn't start cutting off the clamp as they will have taken photos of the car...


Sorry but I think it's time to bend over and take the fine.

[veevee]

Superhoop said:

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road, and isn't causing an obstruction. I would have happily moved it if anyone had asked, and would have moved it back in a couple of days anyway.

So yes, technically wrong, but not almost-£300-wrong.

The problem here being, the rules relating to RFL relate to the public highway, not the road - The foot path being part of the public highway

I understand that, hence saying from the outset, I am wrong; rather than; I am not wrong, as it's on the pavement.

[funkyrobot]

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road, and isn't causing an obstruction. I would have happily moved it if anyone had asked, and would have moved it back in a couple of days anyway.

So yes, technically wrong, but not almost-£300-wrong.

Even pushing it onto the pavement means that it is off your private property.

It's a stinker of a thing to happen if it was just on the pavement, but if it has been clamped by a council or DVLA etc then you will have to pay it.

[Kentish]

veevee said:

Superhoop said:

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road, and isn't causing an obstruction. I would have happily moved it if anyone had asked, and would have moved it back in a couple of days anyway.

So yes, technically wrong, but not almost-£300-wrong.

The problem here being, the rules relating to RFL relate to the public highway, not the road - The foot path being part of the public highway

I understand that, hence saying from the outset, I am wrong; rather than; I am not wrong, as it's on the pavement.

Nice bit of sarcasm LOL

I know where you're coming from; this kind of BS is so unnecessary when, as you said, a warning sticker saying move within 24 hours would be far more effective.

If the issuer and clamper was the council, I'd leave it there as long as possible without further action being taken just to peeee them off

As others have said, if the clamper was a private company cut the bugger off!

[Nedzilla]

Clampers piss me right off! Where are you at mate?If your anywhere near me Il nip round and whizz it of with my stihl saw for you.

[mercfunder]

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road,

Ain't your driveway either, I think you'll find the pavement belongs to the local authority and thus is part of the queen's highway, you are completely in the wrong, so pay up and stop whinging.

[jaik]

Is it insured against 3rd party risks? If not, you got off lightly, pay the fine and be glad you're not getting 6–8 points and 5 years of ludicrous premiums!

[Superhoop]

Kentish said:

veevee said:

Superhoop said:

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road, and isn't causing an obstruction. I would have happily moved it if anyone had asked, and would have moved it back in a couple of days anyway.

So yes, technically wrong, but not almost-£300-wrong.

The problem here being, the rules relating to RFL relate to the public highway, not the road - The foot path being part of the public highway

I understand that, hence saying from the outset, I am wrong; rather than; I am not wrong, as it's on the pavement.

Nice bit of sarcasm LOL

I know where you're coming from; this kind of BS is so unnecessary when, as you said, a warning sticker saying move within 24 hours would be far more effective.

If the issuer and clamper was the council, I'd leave it there as long as possible without further action being taken just to peeee them off

As others have said, if the clamper was a private company cut the bugger off!

I understand that the OP's case is genuine, but most people using untaxed cars are just trying to get away with it, and given 24 hours notice will either ditch the car, or just start parking it elsewhere - Given that there's a fair chance that these untaxed cars are probably not insured or MOT'd either, I think clamping is the right thing to do.

[rossmc88]

would photos of the clamped car stand up as enough evidence in court?

[DaveH23]

Whilst Paying up is probably the best option what would happen if the clamp mysteriously disappeared?

Would you be held responsible if you denied all knowledge?

What you should do purchase your own clamp and then call for them to come release it, when they arrive you then clamp their van....This is your bargaining chip until your arrested and locked up for life.

[carlingofblack]

mercfunder said:

veevee said:

I did, but only slightly, I pushed a car off my drive onto the pavement, which isn't the road,

Ain't your driveway either, I think you'll find the pavement belongs to the local authority and thus is part of the queen's highway, you are completely in the wrong, so pay up and stop whinging.

What a pompous self-righteous unhelpful answer. On the OP's behalf, thanks for your help.