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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
daggz68
Not sure if this is in the correct part of the forum but I got clamped the other day for no tax as I had to park it on the road for the day. Normally it's off road. Also declared sorn. The vehicle is now moved elsewhere. No damage to the clamp. Says on the sign that I can get fined if I remove the clamp, nothing about removing the vehicle though
Pug205GRD
As that would have been a DVLA clamp I would be tempted to put the car back and re-fit the clamp.
Incandescent
If the car was SORN where was it parked ? SORN means "Statutory Off Road Notification", so if car was on a public road your were lawfully clamped. If not then they, not you, had acted illegally, so removing the clamp was justified. Some locations where people park-up after an SORN are arguable either way.
daggz68
Then I would have to pay god knows what to get it out the pound.

Yes it was on the road for all of today otherwise off road and not used
clark_kent
Removal of or interference with immobilisation notice or device

7.—(1) An immobilisation notice shall not be removed or interfered with except by or under the authority of an authorised person.
(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) Any person who, without being authorised to do so in accordance with regulation 6, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
localdriver
QUOTE (daggz68 @ Tue, 21 May 2013 - 21:36) *
Then I would have to pay god knows what to get it out the pound.


Possibly less than the offence of removing the clamp, which can carry a level 3 fine - up to £1000, (and the same amount for the offence of having the car on a public road whilst SORN).

Hence the advice to put it back.
Incandescent
QUOTE (clark_kent @ Tue, 21 May 2013 - 21:38) *
Removal of or interference with immobilisation notice or device

7.—(1) An immobilisation notice shall not be removed or interfered with except by or under the authority of an authorised person.
(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) Any person who, without being authorised to do so in accordance with regulation 6, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

OK, but surely the Regulations apply to SORNd vehicles parked on the public highway, so applying a clamp in any other place is itself illegal ? I agree the only arguable cases seen on this forum have been where there is doubt on the legal status of the vehicle's location.

I also note that there are many people who don't understand what SORN means, and seem to think it just means they don't have to buy a tax disc for a while, (or even longer), if they're short of a bit of dosh !
clark_kent
QUOTE (Incandescent @ Tue, 21 May 2013 - 22:39) *
QUOTE (clark_kent @ Tue, 21 May 2013 - 21:38) *
Removal of or interference with immobilisation notice or device

7.—(1) An immobilisation notice shall not be removed or interfered with except by or under the authority of an authorised person.
(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) Any person who, without being authorised to do so in accordance with regulation 6, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

OK, but surely the Regulations apply to SORNd vehicles parked on the public highway, so applying a clamp in any other place is itself illegal ? I agree the only arguable cases seen on this forum have been where there is doubt on the legal status of the vehicle's location.

I also note that there are many people who don't understand what SORN means, and seem to think it just means they don't have to buy a tax disc for a while, (or even longer), if they're short of a bit of dosh !



Whats the point of discussing the matter, it was on the road so legally clamped and illegally declamped.
hcandersen
How do you know it was clamped "for no tax"? Presumably, some form of notification was left?

Let's see it. I wouldn't be surprised if this specifies that it's illegal to remove the device.

If you don't have anything, then how do you know it's related to tax? Without being able to resolve this issue, you're potentially in danger of sending us off in the wrong direction.
localdriver
In post 1 the OP said it was for no tax, and has the details of the pound - which would indicate that they would also have the details of the clamper and why it was clamped.
Bluedart
QUOTE (hcandersen @ Wed, 22 May 2013 - 11:44) *
How do you know it was clamped "for no tax"? Presumably, some form of notification was left?

Let's see it. I wouldn't be surprised if this specifies that it's illegal to remove the device.

If you don't have anything, then how do you know it's related to tax? Without being able to resolve this issue, you're potentially in danger of sending us off in the wrong direction.


Now I wonder who removed the clamp? He has not said he did it and if I was him, I would keep my mouth shut.
daggz68
Updated 1st post
clark_kent
Stealing a clamp is also theft btw
paulajayne
QUOTE (clark_kent @ Thu, 23 May 2013 - 14:49) *
Stealing a clamp is also theft btw



Not if he tells them where it is. laugh.gif
welshman10
No, that sounds like ransom biggrin.gif
clark_kent
QUOTE (paulajayne @ Thu, 23 May 2013 - 14:52) *
QUOTE (clark_kent @ Thu, 23 May 2013 - 14:49) *
Stealing a clamp is also theft btw



Not if he tells them where it is. laugh.gif



How would he know that if he wasn't involved in its removal? He either steals it or returns it and ends up getting done for the removal, he has painted himself into a corner.
Incandescent
As the OP has now admitted the vehicle was on the public road, albeit he says only for a day, the clamp has clearly been removed illegally. So "justice" must now take it's course, but I do have sneaking feeling that the clampers are on a hugely incentivised contract. I have done a few illegal things in my life but not life-threating ones, and very minor.

As Jesus said - "let he who is without sin cast the first stone". Even if you're not a Christian, it's good advice.
hcandersen
Where's the OP and the documents?

And for c_k, theft only applies if the person has the intention of permanently depriving the other person if it. Can't see that here.

daggz68
How do they know the clamp has been removed if there is no longer a vehicle there?
Bluedart
QUOTE (daggz68 @ Tue, 28 May 2013 - 10:26) *
How do they know the clamp has been removed if there is no longer a vehicle there?

Because I assume they assume that they are the only one's to have the technical know how, of how to remove a vehicle from the road without removing the clamp.
daggz68
Anyone with a tow truck could move it though?
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