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Its a shame you dont live in Scotland as clamping is illegal and considered extortion.
Graeme
Except the DVLA chap. they have more power than the cops do over your car and they CAN clamp on council land too. My mate used to be a DVLA enforcer and regularly went out round the schemes on Police patrol taking cars off drug dealers etc (swapping cars stops money having to change hands and no assets to remove from proceeds of crime). Next job is to lift the car.
What has probably happened here is someone has said something about the car and they've got the DVLA to do something about it. Good trick that one because the council save money not removing an abandoned car and generally the DVLA are a bit quicker out of the blocks. I suspect one of the neighbours complained to them about it.
Bit jobsworth of course but i suspect they've just done it for that reason. Still, look on the brightside, it has made you get your finger out and shift it heh heh. top pic btw.
Quality! Theres little doubt that this was private land though. That said: Ive even had Police officers argue that council owned land is 'highway' and absolutely unable to grasp the concept of the authority being a private land owner too...
So today dvla have been along and clamped it and said its not off road and that any council property is public highway???
This is simply not true. eg a Council House, a park, a swimming pool - all council land but definately not public highway.
If they had it clamped it for having no Tax on a public highway and it isnt a public highway then they are wrong
Quote:
Except the DVLA chap. they have more power than the cops do over your car and they CAN clamp on council land too.
This would only apply if they are clamping it for being an abandoned car on the instuctions of the council as you stated not for having no road tax - if its a coucil owned Car park (which does not necessarily mean its a public highway) then this would apply.
Either way - top job removing it and leaving the clamp
Quality! Theres little doubt that this was private land though. That said: Ive even had Police officers argue that council owned land is 'highway' and absolutely unable to grasp the concept of the authority being a private land owner too...
Today dvla have been to collect there clamp,wheel,hub and driveshaft
Sadly i wasnt there but im informed they were not amused and a little dumstruck.
They've removed there clamp and left there hub etc. behind
They have moved the hub and left it halfway across a pavement which is obviously dangerous. I hope that know one trips over it before im able to move it to a safer place.
I will move it to some where safe.
Now i wonder who this property belongs to?Isnt littering the 'public highyway' is an offence?
Ive even had Police officers argue that council owned land is 'highway' and absolutely unable to grasp the concept of the authority being a private land owner too...
If they had it clamped it for having no Tax on a public highway and it isnt a public highway then they are wrong
I had someone bump my car in Tesco's car park and they tried to drive off before i got the detials. However i managed to stop them and get some names which i went to the police to check.
they said that although it was private property (Tesco) the public had vehicle access so it counted as public highway and treated it as a proper RTA going round his house and everything.
I suspect the same rule applies in this case (as it is a car park) urgo public highway.
As i said before though, they are unlikely to have been casually checking it (unless OP was very unlucky) what is more likely someone has reported it as a dumped car with it being out of tax and damaged and the council have passe dit on the the DVLA to avoid recovery costs.
You've got to laugh at that, I just hope for the sake of your friends that the authorities don't have a sense of humour failure.
The law isn't straightforward when it comes to what is/isn't allowed. When new housing estates are built there will be a point in time when the road is "adopted" by the local council. Until that time I don't think it's classed as a public road (if someone knows differently then please prove me wrong). However because the public have a right of access to drive on such roads, even if un-adopted, you can still be done for breaking the road traffic act, drink driving for example. Finding out if the car-park has been adopted by the council might be key, but if the law applies to anywhere which has public access then they're screwed.
That is absolutely superb work. The bottom line is this. Apart from if they read this thread, there is zero evidence that it was your car, or that you removed the rest of the car and left the wheel.
This is illustrated by a problem a couple of years ago with my wife's car where we got a parking ticket through for a car park, but we knew we'd been elsewhere that day and it wasn't us. After months and months of the council trying to claim that it was our problem because they had taken the reg, and me stating that it was NOT our car just because the reg matched up, it turned out they had no other evidence and had to give up on chasing the fine. They had no photo of the car that would identify it, no distinguishing marks noted down, nothing. The record of a car registration in itself proves nothing, nothing at all. Anyone can see a similar car to their own, copy down the reg, get some plates made and bingo, no speeding fines, no Big Brother tracking you the whole time, no parking tickets, no need for tax or insurance - you become the motoring underclass and there's not a damn thing anyone can do about it.
they said that although it was private property (Tesco) the public had vehicle access so it counted as public highway and treated it as a proper RTA going round his house and everything.
I suspect the same rule applies in this case (as it is a car park) urgo public highway.
Im afraid its still not Public highway in the official sense - It has to be adopted by the council highways for this to be the case.
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The law isn't straightforward when it comes to what is/isn't allowed. When new housing estates are built there will be a point in time when the road is "adopted" by the local council. Until that time I don't think it's classed as a public road (if someone knows differently then please prove me wrong). However because the public have a right of access to drive on such roads, even if un-adopted, you can still be done for breaking the road traffic act, drink driving for example. Finding out if the car-park has been adopted by the council might be key, but if the law applies to anywhere which has public access then they're screwed.
The road isnt a public road until its adopted you are 100% right (its what I do for a living - getting them adopted).
It would be very interesting to see if anyone has ever been prosecuted for speeding etc on one of these roads or Tescos car park. As GC8 the police are often ignorant of the status of "supposed" highway.
Private land accessible to the public in vehicles comes under road traffic law... hence the police following up the RTC on Tesco's car park and DVLA clamping on a council car park.
Today dvla have been to collect there clamp,wheel,hub and driveshaft
Sadly i wasnt there but im informed they were not amused and a little dumstruck.
They've removed there clamp and left there hub etc. behind
They have moved the hub and left it halfway across a pavement which is obviously dangerous. I hope that know one trips over it before im able to move it to a safer place.
I will move it to some where safe.
Now i wonder who this property belongs to?Isnt littering the 'public highyway' is an offence?
I very much doubt DVLA will take it further, they'll simply assume some nice 'travelling folk' have lifted it and weighed it in.
Private land accessible to the public in vehicles comes under road traffic law... hence the police following up the RTC on Tesco's car park and DVLA clamping on a council car park.
According to this (& you) I guess it does then:
"Most of the provisions apply on all roads throughout Great Britain, although there are some exceptions. The definition of a road in England and Wales is ‘any highway and any other road to which the public has access and includes bridges over which a road passes’ (RTA 1988 sect 192(1)). In Scotland, there is a similar definition which is extended to include any way over which the public have a right of passage (R(S)A 1984 sect 151(1)).
It is important to note that references to ‘road’ therefore generally include footpaths, bridleways and cycle tracks, and many roadways and driveways on private land (including many car parks). In most cases, the law will apply to them and there may be additional rules for particular paths or ways. Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks"
heh heh. top pic btw.
