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[andrew38]

I can see how you can get fined for non SORN but cannot see how they can 'trespass' on your private land to clamp it and remove it. what if it was on your driveway?

[omegod]

No need to re-sorn after 16-12-2013 BTW

[Andy B]

No need to re-sorn after 16-12-2013 BTW

Thanks ...... I knew I'd heard about it, but couldn't find anything on the web

[drinksoptional]

With out a court order they cannot enter the land . Is it a secure land

[drinksoptional]

Sounds like this clamp company ate at it. Call police sounds dodgy

[Tony H]

I can see how you can get fined for non SORN but cannot see how they can 'trespass' on your private land to clamp it and remove it. what if it was on your driveway?

According to the clamping company they are within there rights to do so, I questioned whether  they would need a court order they would not commit theirselfs with a reply they just invited me to  view direct.gov.uk to see there rights which I did and could not find any relevant info.

[flyer 0712]

A friend of mine a few years ago worked for a recovery company in an area of London where no one wanted to go to.....they throw t vs at them from the high rise flats.......He once told me that they were not allowed to take the car if some-one was in it,and then they had to call the police to sort it out,,,,,So as said on here......sleep in it and at least they are not allowed to man handle you and then the police will turn up and then you will see if the dreaded clampers are genuine or not,,,,,I have a great big german sheperd if it helps 

[4x4]

Why not call the police,they are very helpful in this sort of situation.

[RobG]

Sch. 45, Finance Act 2008 amended sch. 2A, Vehicles Excise & Registration Act 1994, which gives them power to enter land etc, and clamp or remove unlicensed/non-SORN vehicles,

 except:

 (a)any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or

 (b)any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings.

[Kevin Wood]

Sounds to me like they have clamped the car to ensure you can't remove it before it's uplifted, so they can then charge you for the operation, storage, retrieval, etc. without you having a chance to collect it. Why the council would order them to immobilise a car they want shot of beats me, although they do have the authority to do so despite private clamping having been outlawed. They can also do it on private land under certain circumstances. Probably best to contact the police to determine if it is lawful in this case.

Is the car obviously unroadworthy? If so, they may have clamped it to prevent you driving it.

If the land it's on is yours you could presumably deny them access, although you'd have to sleep there, as said. Can you block the entrance in such a way that they would have to cause damage to enter?

You could remove the unclamped wheels, even the hubs as well, if you like, as they'll probably be expecting to roll it onto a truck. They could just pick it up with a Hi-Ab, of course, and no doubt that would attract an additional charge that you would, naturally, be liable for.

I would perhaps photograph the car and remind them that you will be holding them responsible for any damage should they touch it.

Police is probably the first port of call, though. 

[flyer 0712]

Curtilage.....Oxford dictionary states meaning...An area of land attached to a house and forming one enclosure with it...(i never knew that ) 

[drinksoptional]

Bring witness many as you can and film . Park cars around the vehicle

[omegod]

Any updates to this dispicable situation ?

[Tony H]

Hi all, first off thanks for all the advice, but bad news I'm afraid, apparently the DVLA do not send out reminders any more it's up to the owner of the car to remember to SORN it. As for the defense of "curtilage" although the car was parked on private land the land is a car park which is open to the public so does not qualify. I did my best to prevent them lifting the car with a hyab I chained the car to my boat trailer also blocked it in with another car my works van and my Omega. The clamper was reluctent to attempt to remove it because of this. I phoned their office but the "jobs worth I spoke to was having none of my mitigating circumstances and informed  that if I wished to appeal I would have to do it retrospectively and they want there "pound of flesh" so i reluctantly agreed to pay them £260 £100 clamp release fee and £160 surety which is refundable providing I tax insure and MOT the car within fourteen days.
This is not the end of the matter as I intend to appeal I don't mind abiding to rule changes if they are reasonable, but when the goal posts are moved it is only reasonable that you are informed of it.

Imagine the case if the DVLA decided to increase the minimum tyre tread depth to 3mm without making it public  and your tyres had 2mm tread and you got pulled and you where them informed you are going to get 12 points on your licence and a four grand fine hardly fair I would say.

[omegod]

   B.a.stards but a very valiant attempt at stopping it all the same sir! when did the SORN expire?