Discussion
I found a gentleman down my private driveway early doors this morning, clamping my neighbours car.
I asked him to leave, as its private property. He said he had every right to be there. I disagreed and asked him to leave which he did after some huffing and puffing.
Can someone advise what the current situation is with their rights of access? As far as I can remember they have no right of access or power of entry to clamp vehicles? But I might be wrong.
They had already clamped his car so not my problem but if they come again - for example to try and remove the car -I want to be clear as to my position.
Its a shared driveway of considerable length with 2 sets of double garages both off 90 degree bends so not visible from the road, about 30m long before you get to the end. The road access is also privately owned and maintained, although that part does not bother me so much - but just making all the facts known.
Thanks.
I asked him to leave, as its private property. He said he had every right to be there. I disagreed and asked him to leave which he did after some huffing and puffing.
Can someone advise what the current situation is with their rights of access? As far as I can remember they have no right of access or power of entry to clamp vehicles? But I might be wrong.
They had already clamped his car so not my problem but if they come again - for example to try and remove the car -I want to be clear as to my position.
Its a shared driveway of considerable length with 2 sets of double garages both off 90 degree bends so not visible from the road, about 30m long before you get to the end. The road access is also privately owned and maintained, although that part does not bother me so much - but just making all the facts known.
Thanks.
Why is this a DVLA question?
Surely you are asking if a person has a right to access private property to clamp a vehicle. Why was this person clamping your neighbour's car anyway? It might be for unpaid HP or something un DVLA related.
The question relates to access to private land does it not?
Surely you are asking if a person has a right to access private property to clamp a vehicle. Why was this person clamping your neighbour's car anyway? It might be for unpaid HP or something un DVLA related.
The question relates to access to private land does it not?
"Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.
Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).
To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier."
https://www.askthe.police.uk/Content/Q528.htm
Probably best to ask 'your neighbour' what the problem is that has caused this.
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.
Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).
To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier."
https://www.askthe.police.uk/Content/Q528.htm
Probably best to ask 'your neighbour' what the problem is that has caused this.
Explanatory Note (PDF) to the immobilisation and removal of vehicles (VED).
This link confirms it's an offence to immobilise a vehicle when there is no lawful authority to do so.
This link confirms it's an offence to immobilise a vehicle when there is no lawful authority to do so.
I strongly suspect that what has happened is your neighbour has allowed his tax to lapse without declaring SORN, the DVLA have added his car to a list for clamping with his address, and the clamper has found the car at that address, on what he believe to be a normal road, so has clamped it.
I'm guessing that the clamp is for unpaid car tax. I don't think the clamper man has any right to put a clamp on the car with it being on private property, but if it is a car in daily use on the public roads then oh well. It may be easier to suggest to your neighbour that he pays his car tax like everyone else.
SS2. said:
Explanatory Note (PDF) to the immobilisation and removal of vehicles (VED).
This link confirms it's an offence to immobilise a vehicle when there is no lawful authority to do so.
From the first linkThis link confirms it's an offence to immobilise a vehicle when there is no lawful authority to do so.
7.4 It will not be possible to take action against vehicles parked in areas associated with a dwelling, such as garages or driveways so there will be no invasion of a homeowner’s privacy.
So if I am reading that then if they come again I can refuse them access?
My concern is they (DVLA) will try and drag it off the drive, which is some length, which could cause damage.
Also I am not sure how they could have mistaken the driveway for a road or other communal land such as a car park, you have to turn off the road and then drive some distance past the 2 houses and then into the area where the garages are.
Don't know how old that memorandum is or what changes may have been made since.
This talks of 'not on a public road'.
"Your vehicle may have been clamped or removed if it was untaxed and:
on a public road, even if you had a Statutory Off Road Notification (SORN)
not on a public road but you didn’t have a SORN"
https://www.gov.uk/get-a-clamped-or-impounded-vehi...
and this:
"If the vehicle is kept off-road it must either be taxed or have a Statutory Off Road Notification (SORN) in force. If not it could be wheel clamped or removed (impounded)."
https://www.cartaxenforcement.co.uk/Default.aspx
Both above are from a bit of googling out of curiosity & I don't know what the definitive answer is!
This talks of 'not on a public road'.
"Your vehicle may have been clamped or removed if it was untaxed and:
on a public road, even if you had a Statutory Off Road Notification (SORN)
not on a public road but you didn’t have a SORN"
https://www.gov.uk/get-a-clamped-or-impounded-vehi...
and this:
"If the vehicle is kept off-road it must either be taxed or have a Statutory Off Road Notification (SORN) in force. If not it could be wheel clamped or removed (impounded)."
https://www.cartaxenforcement.co.uk/Default.aspx
Both above are from a bit of googling out of curiosity & I don't know what the definitive answer is!
I'm guessing, that when the DVLA website gives details of how to get a clamp released, when it's been clamped, for no tax, not on the public road when it's not been SORNed
https://www.gov.uk/get-a-clamped-or-impounded-vehi...
they probably can.
https://www.gov.uk/get-a-clamped-or-impounded-vehi...
they probably can.
paintman said:
"Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.
Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).
To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier."
https://www.askthe.police.uk/Content/Q528.htm
Probably best to ask 'your neighbour' what the problem is that has caused this.
Totally not the same thing that legislation was to stop private companies clamping carsIt is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.
Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).
To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier."
https://www.askthe.police.uk/Content/Q528.htm
Probably best to ask 'your neighbour' what the problem is that has caused this.
Unfortunately whether we like it or not, authoritative laws get created and progressed very quickly if it is to the benefit of the authorities and government coffers
The DVLA can quite lawfully rock up and clamp your car on your driveway for a variety of reasons, as long as no damage is done to the car and they have not had to damage any of your property to carry out the clamping, so breaking into your garage is a no no
martinbiz said:
The DVLA can quite lawfully rock up and clamp your car on your driveway for a variety of reasons, as long as no damage is done to the car and they have not had to damage any of your property to carry out the clamping, so breaking into your garage is a no no
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