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#Post#: 32200--------------------------------------------------
SORN'd car clamped
DIR By: Zebra345
Date: August 4, 2024, 12:38 pm
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A helpful poster on MSE suggested I post my predicament on here.
An elderly relative unwittingly SORNed his car even though it
was still parked on a public road outside his house. (The car
had failed its MOT just as the relative became very unwell, a
short while later they were admitted to hospital and sadly a few
weeks later they passed away.)
While in hospital the car was clamped and I believe there's now
a £280 fee to pay to release the clamp. If it's not paid then
the car will be towed incurring more fees and ultimately
crushed. However the car isn't worth much more than the fees
already due, we don't think it's a runner anyway and even if the
clamp release fee was paid there's nowhere to store it off-road.
The family aren't rich so I'm looking for the cheapest/easiest
solution to get them out of a bad situation.
It has been suggested that the best option may be to do nothing
for now, allow the car to be towed/impounded and then sign a
waiver for them to crush the car which may cancel the
clamp/impound fees. This may just leave a much smaller DVLA
penalty plus a small amount of back-tax to pay. Does anyone here
know whether this suggestion is feasible or not or have any
alternative suggestions?
#Post#: 32231--------------------------------------------------
Re: SORN'd car clamped
DIR By: roythebus
Date: August 4, 2024, 5:36 pm
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Who is the registered keeper of the car? If the RK is deceased
then write the clampers/DVLA informing them of the fact. Not
your problem to pay any fines for someone else.
#Post#: 32236--------------------------------------------------
Re: SORN'd car clamped
DIR By: Irksome
Date: August 4, 2024, 6:08 pm
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--- Quote from: roythebus link ---
>
> Who is the registered keeper of the car? If the RK is deceased
then write the clampers/DVLA informing them of the fact. Not
your problem to pay any fines for someone else.
>
--- End Quote ---
It is however the Estate of the deceased's problem?
#Post#: 32246--------------------------------------------------
Re: SORN'd car clamped
DIR By: Zebra345
Date: August 4, 2024, 11:50 pm
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--- Quote from: Irksome link ---
>
> [quote author=roythebus link=topic=2714.msg32231#msg32231
date=1722810982]
> Who is the registered keeper of the car? If the RK is deceased
then write the clampers/DVLA informing them of the fact. Not
your problem to pay any fines for someone else.
>
--- End Quote ---
It is however the Estate of the deceased's problem?
[/quote]
Exactly this, it will be a very small estate so I'm trying to
help them minimise how much has to be paid out in fines and fees
if they are at all avoidable.
I was hoping someone here has experience of a car being
impounded and whether it is accurate that an alternative to
paying hundreds in fees is to simply sign over the car to the
state/pound/clamper?
#Post#: 32257--------------------------------------------------
Re: SORN'd car clamped
DIR By: roythebus
Date: August 5, 2024, 3:39 am
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If the car is worth very little I don't see any point in
worrying about it. But write to whoever it is, DVLA? and tell
them of the situation. Let them keep the car and dispose of it.
It'll svae you the hassle.
#Post#: 32273--------------------------------------------------
Re: SORN'd car clamped
DIR By: Zebra345
Date: August 5, 2024, 5:26 am
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--- Quote from: roythebus link ---
>
> If the car is worth very little I don't see any point in
worrying about it. Let them keep the car and dispose of it.
It'll svae you the hassle.
>
--- End Quote ---
Agreed but I don't want to suggest that if it means the
fines/fees just get even larger especially when they start
adding £21 a day storage fees.
The concern is if the estate will still owe all that even once
the car has been crushed or is there some mechanism whereby
having the car crushed extinguishes most of the fees just
leaving a token DVLA fine and a nominal amount of back tax?
#Post#: 32279--------------------------------------------------
Re: SORN'd car clamped
DIR By: mickR
Date: August 5, 2024, 6:54 am
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get a valuation from someone like Redcorn and see how that
compares with money owed.
contact dvla and just say the RK (and owner) is deceased what
happens?
#Post#: 32282--------------------------------------------------
Re: SORN'd car clamped
DIR By: facade
Date: August 5, 2024, 7:17 am
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I suggested the OP try here for advice.
As far as I can make out from
HTML https://www.gov.uk/government/publications/vehicle-enforcement-policy/dvla-enforcement-of-vehicle-tax-registration-and-insurance-offences
HTML https://www.gov.uk/government/publications/vehicle-enforcement-policy/dvla-enforcement-of-vehicle-tax-registration-and-insurance-offences#wheelclamping
The Out of Court Settlement for having a SORN'd vehicle on the
road is £30 + twice the backtax (presumably upto 31 July 24
because you have to tax it today)
As the vehicle is clamped there is a £100 clamp release fee,
which I assume (maybe incorrectly) is the alternative to the £30
OOCS.
There is also the £160 refundable surety as the vehicle has no
MOT and cannot be taxed before unclamping.
The OP says the release fee is £280, so there is an extra £20
which must be twice the backtax??
I suggested they let the DVLA remove the vehicle and then sign
it away in lieu of fees, which should leave the DVLA seeking
their pound of flesh at twice the backtax, plus no doubt, the
OOCS of £30, so the estate would only be liable for £50 rather
than the current £280.
However, if I am wrong, the impound release fee is £200, plus
£21 a day, plus the £160 surety and that extra £20, so £380 +£21
a day increasing.
So the question is-
If the vehicle isn't collected within 14 days do they still
pursue the keeper for the impound & storage fees, or are they
cancelled by the disposal of the vehicle?
(If they are "release fees" then surely if you don't want
it/didn't have it released you don't have to pay them?)
But the "Using a SORN'd vehicle on the road" offence is complete
and would be outstanding, unless the DVLA waive it due to the
death of the RK.
#Post#: 32284--------------------------------------------------
Re: SORN'd car clamped
DIR By: Zebra345
Date: August 5, 2024, 7:52 am
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--- Quote from: mickR link ---
>
> get a valuation from someone like Redcorn and see how that
compares with money owed.
> contact dvla and just say the RK (and owner) is deceased what
happens?
>
--- End Quote ---
I've had several quotes to collect/scrap for less than £200
which would mitigate the fines to a degree but then there's the
timing issue of ensuring the car is promptly collected once the
clamping fee has been paid so it's not an ideal solution. For
example there's a risk that any insurance that was in place when
the vehicle was clamped is no longer valid now the policyholder
has passed.
DVLA have been contacted but state replies can take up to 10
days by which time it may have been towed anyway...
#Post#: 32294--------------------------------------------------
Re: SORN'd car clamped
DIR By: slapdash
Date: August 5, 2024, 9:05 am
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Somewhere on the DVLA website it says the vehicle can be signed
away in lieu of the impound fees. But that's something the
registered keeper has to do. Presumably now they have died
somebody needs some form of executors powers. Who might that be
?
Regarding the penalty. It is an offer to settle the matter out
of court. (Has a penalty actually been received or was it just
clamped).
Not accepting the offer should eventually result in a DVLA
prosecution. But of whom? I would imagine that they would choose
not to proceed when notified.
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