The DVLA has the power to take enforcement action against unlicensed vehicles under the Vehicle and Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997, as amended, if an offence has been committed under section 29(1) of the Vehicle Excise and Registration Act 1994.
It is, generally, an offence to keep an unlicensed vehicle. An immobilisation device, i.e. a clamp, may be fitted to a vehicle and the vehicle may be removed and impounded 24 hours later. If this happens, keep the notice leaflet safe as it provides details of the location of the vehicle, should you wish to collect it or appeal the removal. If you fail to collect the vehicle and pay the relevant fees/charges, the vehicle might be disposed of five weeks after the date on which it was removed.
Following the enforcement powers in schedule 45 of the Finance Act 2008, vehicles need not be parked on the public road to attract enforcement action. If the DVLA or an authorised person have reason to believe an offence was committed, they can act.
There are, however, exceptions to the powers of removal.
Motor traders enjoy concessions not available to the general public, namely not having to licence or declare SORN for vehicles which are temporarily in their possession as part of their business.
Regardless, you might find yourself facing an issue if the concessions are not correctly applied or evidenced. All vehicles, either part of the business stock or temporarily in a motor trader or tester’s possession must, when parked, be on a clearly marked motor trader’s business premises, with the land being for the exclusive use of the business and marked as such.
Review your markings/signage and satisfy yourself that the vehicle(s) is/are parked on land exclusive to your business. A title register and a title plan, obtainable online from the Land Registry for £3 each, can confirm whether a piece of land belongs to the business.
In a recent case, a member’s vehicle was clamped, removed, and impounded. However, following Lawgistics’ intervention, the car was successfully and promptly delivered back to our member free of charge.
So, remember to contact Lawgistics should you find your vehicle clamped or removed and impounded.
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