A YORK millionaire who chained himself to his car in protest over a £5 congestion charge said today he would rather go to jail than pay up.

Property tycoon Stephen Vella chained his car to a digger - then chained himself to the vehicle - to thwart bailiffs trying to seize his Vauxhall Zafira.

The Askham Bryan resident said he took the extraordinary action yesterday on a point of principle after being "unfairly" punished for failing to pay a congestion charge on a London business trip.

What started as a failure to pay £5 to drive down a 50-yard stretch of Baker Street spiralled into a £2,000 bailiff bill, tense stand-offs with police and talk of prison.

Mr Vella, who made his fortune revamping properties in run-down areas, said he expected the bailiffs back to try to seize his £4,000 car.

"I'm an easy target, but I'm never, ever going to pay this bill," the former Scout leader told the Evening Press.

"I'm expecting to go to jail over this."

Bailiffs arrived outside his home at 2pm yesterday and clamped the car, parked on the road nearby.

But when they returned to tow it away they found the car attached to a digger - and Mr Vella chained to the steering wheel.

Mr Vella, 47, who had borrowed the digger from builders working on his property, would not move. His wife, Paula, brought him food and drink as he waited.

Police were called to West Wood Lane at about 4.30pm.

Speaking to the Evening Press through his car window, Mr Vella said: "When they got here I told them to go and do some real police work. I said this was my car and I could do what I wanted in it. It was a very stressful situation and, apparently, I swore at an officer, for which I apologise."

Police were unable to convince Mr Vella to move and they left just before 6pm, after cautioning him for swearing at an officer.

The bailiffs also left after unclamping the car and minutes later Mr Vella unchained his car, a five-year-old green Zafira, and drove it away to a garage.

The bailiffs had moved in to seize the car after he refused to pay a penalty charge for driving into London's congestion charge zone.

Mr Vella said: "I didn't even realise I had done anything wrong until a letter arrived telling me I had to pay a fine.

"It's all very well if you're a Londoner, but how was I to know I was driving into the congestion charge zone?"

In a letter to Mr Vella, Maggie Corby, customer services manager at Transport for London, said there were signs and road markings at every entry point to the charging zone.

Updated: 10:02 Thursday, November 18, 2004