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  • FIRST POST
    • ~Daisy 81~
    • By ~Daisy 81~ 12th Jun 17, 4:58 AM
    • 20Posts
    • 0Thanks
    ~Daisy 81~
    Car Impounded - what now?
    • #1
    • 12th Jun 17, 4:58 AM
    Car Impounded - what now? 12th Jun 17 at 4:58 AM
    Car has been broken for six months now haven't been able to afford to get it fixed have been saving up to do so, so it's been parked on the street unmoved. Thursday night happened to be on the other side of the road and only then noticed it had been clamped for no tax, there was a sorn on it but the owner didn't know it couldn't be still parked outside the house, wasnt trying to mislead filled in the paperwork etc, no leaflet was left on the car notifying of the clamp nothing through the door or letter beforehand or after the clamp we didn't know, morning after we noticed it, it was towed away at 7am now they're asking well over a thousand to get it back before transport would have to be arranged to get it back in the area as it's broken. Now it's known it has to be off the road there is someone who has agreed to keep it on their private land. But all the fees etc not having warnings or notice isn't right is it? Don't they have to give you warnings so you at least know and then warn you it's been clamped put the leaflet on the car etc? We didn't even know! As the car wasn't being used and the clamp was on the other side from the house so it couldn't be seen.

    The owner is distraught over it is at the end of their rope, and the car is still on HP as well, what happens there? Would the finance company take the car back then offer it back to the owner, as a payment has never once been missed, neither has tax etc before the breakdown, it just couldn't be taxed until a time it could be fixed and an MOT got on it, the tax is only £30 on it so the owner wasn't trying to get out of paying it, it's an honest mistake in hard situation and financial times, what can be done? What should be done and what will happen about the HP. Its a lot of money to pay to get it back of course would like it back but the owner is that upset they're so down they're thinking about saying to hell with it, I want to try and get this sorted. Any help please would be so great never been in this situation before.
Page 1
    • AndyMc.....
    • By AndyMc..... 12th Jun 17, 7:19 AM
    • 608 Posts
    • 440 Thanks
    AndyMc.....
    • #2
    • 12th Jun 17, 7:19 AM
    • #2
    • 12th Jun 17, 7:19 AM
    Car has been broken for six months now haven't been able to afford to get it fixed have been saving up to do so, so it's been parked on the street unmoved. Thursday night happened to be on the other side of the road and only then noticed it had been clamped for no tax, there was a sorn on it but the owner didn't know it couldn't be still parked outside the house, wasnt trying to mislead filled in the paperwork etc, no leaflet was left on the car notifying of the clamp nothing through the door or letter beforehand or after the clamp we didn't know, morning after we noticed it, it was towed away at 7am now they're asking well over a thousand to get it back before transport would have to be arranged to get it back in the area as it's broken. Now it's known it has to be off the road there is someone who has agreed to keep it on their private land. But all the fees etc not having warnings or notice isn't right is it? Don't they have to give you warnings so you at least know and then warn you it's been clamped put the leaflet on the car etc? We didn't even know! As the car wasn't being used and the clamp was on the other side from the house so it couldn't be seen.

    The owner is distraught over it is at the end of their rope, and the car is still on HP as well, what happens there? Would the finance company take the car back then offer it back to the owner, as a payment has never once been missed, neither has tax etc before the breakdown, it just couldn't be taxed until a time it could be fixed and an MOT got on it, the tax is only £30 on it so the owner wasn't trying to get out of paying it, it's an honest mistake in hard situation and financial times, what can be done? What should be done and what will happen about the HP. Its a lot of money to pay to get it back of course would like it back but the owner is that upset they're so down they're thinking about saying to hell with it, I want to try and get this sorted. Any help please would be so great never been in this situation before.
    Originally posted by ~Daisy 81~
    So what did they think Statutory Off Road Notification meant?
    • Herzlos
    • By Herzlos 12th Jun 17, 7:28 AM
    • 5,023 Posts
    • 4,492 Thanks
    Herzlos
    • #3
    • 12th Jun 17, 7:28 AM
    • #3
    • 12th Jun 17, 7:28 AM
    It's slightly crap but if it was on the road without tax then it's bang to rights.

    So your only options are to pay for the release fee and arrange transport to get it back to private land, or to just let them keep the car and move on.
    How much is it realistically worth?
    • AdrianC
    • By AdrianC 12th Jun 17, 8:18 AM
    • 14,372 Posts
    • 12,712 Thanks
    AdrianC
    • #4
    • 12th Jun 17, 8:18 AM
    • #4
    • 12th Jun 17, 8:18 AM
    Don't they have to give you warnings so you at least know and then warn you it's been clamped put the leaflet on the car etc?
    Originally posted by ~Daisy 81~
    You're thinking of cars that are unlicenced, not SORNed. Having an unlicenced car is always illegal. Having a SORNed car is perfectly legal, so long as it's not on the road.

    When the owner SORNed it, they explicitly agreed that it must not be on the road. That was the warning.

    How many times should they be caught in breach of that before any action is taken?

    The owner is distraught over it is at the end of their rope, and the car is still on HP as well, what happens there?
    The borrower is still on the hook for the finance.

    Would the finance company take the car back
    No.

    Well, they might - but the bill for that will only be coming one way, and it won't be getting any smaller in the process.

    then offer it back to the owner
    The owner who has used the car to break the law, lie to DVLA and breach their finance agreement?

    as a payment has never once been missed
    So long as repayments are kept up, then the finance company will be none the wiser.

    If the repayments are not kept up, then the finance company will suddenly be distinctly unhappy, because the finance was taken up on the basis there is security to reclaim if needed. I will bet that the finance agreement requires the car to be kept legal and in good condition, for that very reason. This will get even more expensive. The best bet is to make sure that the finance company are kept happy...

    Whether the car is freed from the impound or not is separate. If the car is required back, then there's only one way forward...

    neither has tax etc before the breakdown
    That's separate to the finance. But it's also a bit like saying that you didn't break any other laws, right up until the point you stole something.

    it just couldn't be taxed until a time it could be fixed and an MOT got on it
    So it's not MOTd, either? So the tax can't just be taken out.

    Is it insured? Please tell us it's insured... If it wasn't insured, this is going to get even more painful.
    • Bigphil1474
    • By Bigphil1474 12th Jun 17, 1:28 PM
    • 630 Posts
    • 259 Thanks
    Bigphil1474
    • #5
    • 12th Jun 17, 1:28 PM
    • #5
    • 12th Jun 17, 1:28 PM
    Agree with post 3 - no excuse really. Balance the value of the car against the cost of getting it back. If the owner couldn't afford to MOT it, then they probably can't afford to pay for it to be released. There'll be an additional surety fee if it can't be taxed straight away (which it won't as it has no MOT) - looks like £160 from www.gov.uk . They'll still have to pay the finance company as well.
    • ~Daisy 81~
    • By ~Daisy 81~ 12th Jun 17, 1:34 PM
    • 20 Posts
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    ~Daisy 81~
    • #6
    • 12th Jun 17, 1:34 PM
    • #6
    • 12th Jun 17, 1:34 PM
    I've read that the car is sometimes returned to the finance company. The car is insured yes, it was an honest mistake regarding the tax as I said the owner has been saving up to get it fixed. They thought off road meant not driving it. And I said when they clamped it no notice was put on the car or leaflet as should be so we didn't know or would have got the clamp taken off right away.
    Someone said they think the car is worth around £4000, and there's still a few thousand to pay on the finance, what would you do? The owner is distraught and ready to wash their hands of the lot because they're so down.
    • Herzlos
    • By Herzlos 12th Jun 17, 1:47 PM
    • 5,023 Posts
    • 4,492 Thanks
    Herzlos
    • #7
    • 12th Jun 17, 1:47 PM
    • #7
    • 12th Jun 17, 1:47 PM
    Is it worth £4000 in current state or if it's been fixed?

    Basically, if (car > fees) then collect it and pay the fees. If (car <= fees) then just let them scrap it.

    So it's most likely going to be cheaper in the long run to get the car back ASAP and take the hit there. Even if you need to borrow the money to get it out and sell the car to recoup it (and hopefully have enough left over to clear the finance).
    • ~Daisy 81~
    • By ~Daisy 81~ 12th Jun 17, 1:51 PM
    • 20 Posts
    • 0 Thanks
    ~Daisy 81~
    • #8
    • 12th Jun 17, 1:51 PM
    • #8
    • 12th Jun 17, 1:51 PM
    Fixed probably but some money has been saved to do that and it was going to be booked in in the next week or so, would it be able to be sold while still under finance? The fees at the moment are over a thousand, and god knows how the car would be gotten back here as well as they've taken it miles away and it can't be driven.
    • waamo
    • By waamo 12th Jun 17, 2:07 PM
    • 1,524 Posts
    • 1,741 Thanks
    waamo
    • #9
    • 12th Jun 17, 2:07 PM
    • #9
    • 12th Jun 17, 2:07 PM
    If you sell it to a dealer they will normally clear the finance. You will get what they value the car at minus the outstanding balance of the finance.

    If you sell it privately you will need to clear the finance first. Details on what is required is usually written into your finance contract.

    You can get an idea of it's value by getting a price from the likes of we buy any car. Take that as a rough guide.

    Most dealers will want a settlement figure from your finance company.
    This space for hire.
    • ~Daisy 81~
    • By ~Daisy 81~ 12th Jun 17, 2:29 PM
    • 20 Posts
    • 0 Thanks
    ~Daisy 81~
    Thank you will tell the owner, just hope that I can get them to get it back and get it fixed and sell it to stop more problems, as I said they're so down about it all though
    • ~Daisy 81~
    • By ~Daisy 81~ 12th Jun 17, 2:32 PM
    • 20 Posts
    • 0 Thanks
    ~Daisy 81~
    Presuming as well that a if it was parked in a private companies car park is off road?
    • ~Daisy 81~
    • By ~Daisy 81~ 12th Jun 17, 2:44 PM
    • 20 Posts
    • 0 Thanks
    ~Daisy 81~
    And if they will get it paid for a released what's the best way of getting it back here and the cheapest please as well?
    • AdrianC
    • By AdrianC 12th Jun 17, 2:48 PM
    • 14,372 Posts
    • 12,712 Thanks
    AdrianC
    And if they will get it paid for a released what's the best way of getting it back here and the cheapest please as well?
    Originally posted by ~Daisy 81~
    If it's undriveable, then it'll need to be transported. With the rise of eBay, there are many transport firms operating, and rates have plummetted. Shiply is another good way to get quotes.
    • unholyangel
    • By unholyangel 12th Jun 17, 2:58 PM
    • 10,849 Posts
    • 8,084 Thanks
    unholyangel
    I've read that the car is sometimes returned to the finance company. The car is insured yes, it was an honest mistake regarding the tax as I said the owner has been saving up to get it fixed. They thought off road meant not driving it. And I said when they clamped it no notice was put on the car or leaflet as should be so we didn't know or would have got the clamp taken off right away.
    Someone said they think the car is worth around £4000, and there's still a few thousand to pay on the finance, what would you do? The owner is distraught and ready to wash their hands of the lot because they're so down.
    Originally posted by ~Daisy 81~
    I'm sorry but your friend has no excuse. If she filled out a SORN form, it would have had a warning saying that the declaration she is making means:
    "that the vehicle will not be parked or used on a road from the date given".

    I can't check the exact wording of the warning online but one is definitely given - I had to declare a relatives car SORN at the end of last year and there was definitely a warning given that you should only use the service if the vehicle is not being kept or used on the road.

    Unfortunately, I'm afraid its an expensive lesson in why you should read important things like that properly.

    I'd also check the terms of her insurance - some insurers will have a clause basically making your insurance null & void if the car is SORN'd/doesn't have road tax/doesn't have a valid MOT.

    Not sure if it would make it any better or worse for her but even if they did give a warning before towing - she wouldn't have been able to drive it and would have needed to pay for a recovery vehicle.
    Money doesn't solve poverty.....it creates it.
    • Herzlos
    • By Herzlos 12th Jun 17, 4:11 PM
    • 5,023 Posts
    • 4,492 Thanks
    Herzlos
    Presuming as well that a if it was parked in a private companies car park is off road?
    Originally posted by ~Daisy 81~
    If you get it delivered to the garage doing the work then you should be fine, as long as they have a private yard or somewhere to store it. Phone them to double check though.
    • debtdebt
    • By debtdebt 12th Jun 17, 6:07 PM
    • 160 Posts
    • 101 Thanks
    debtdebt
    What now?

    1. Pay the fine, clamping fees and storage/impound charges.

    2. Arrange and pay for recovery of the vehicle to wherever your friend has arranged to keep the vehicle.

    3. Arrange and pay for recovery of vehicle to the repairing garage.

    4. Pay for the car to be repaired and MOTed.

    5. Tax the car.
    • missile
    • By missile 12th Jun 17, 6:47 PM
    • 8,722 Posts
    • 4,189 Thanks
    missile
    6. Sell it
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • shaun from Africa
    • By shaun from Africa 12th Jun 17, 7:15 PM
    • 9,215 Posts
    • 10,366 Thanks
    shaun from Africa
    I'm sorry but your friend has no excuse. If she filled out a SORN form, it would have had a warning saying that the declaration she is making means:
    "that the vehicle will not be parked or used on a road from the date given".

    I can't check the exact wording of the warning online but one is definitely given -
    Originally posted by unholyangel
    The warning given on the online or paper form is almost identical to that which you have quoted with only one word missing.
    That the vehicle will not be used or parked on a road from the date given above.
    • That you have checked the information provided on this form and that you believe it is correct.
    Note: Making a false declaration is an offence
    .
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