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DVLA clamped my car- Can i appeal ?
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# 1
Stompydebs
Old 04-03-2008, 9:18 AM
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Default DVLA clamped my car- Can i appeal ?

Hi all,,

Just need some advice please. I bought a new ( secondhand) car on saturday. I obviously did not know if i was going to buy the car until i saw it etc. But did change my car insurance saturday morning for the new car,, so i was insured as i drove it 160 miles home to my house. The car has no tax. I have no driveway, my road is terraced houses. So i am waiting for the documents to arrive in the post so i can go and tax the car. I did try to tax the car online on saturday evening but as i do not yet have the full log book i was unable to. So yesterday morning i took a faxed copy of my car insurance cover to my post office, but they politely told me they could not accept it as it was a fax. But i thought, at least i have tried. Anyway returned home about midday to find my car clamped outside my house. I rang the number and had topay 200 but will get 120 back when i go and show them that i have taxed the car. Do i have any grounds for appeal to get my 80 back?

They unclamped my car about 1.5 hours after i paid and chap said that im ok for 24 hours, but after that they can clamp my car AGAIN.. even though i explained to him that im waiting for the insurance documents to arrive. ( Bit annoyed as quinn direct only sent them out yesterday, but i did change my insurance Saturday morning). Really worried they will clamp car again,, my insurance has not arrived today.

Can anyone advise?
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# 2
iolanthe07
Old 04-03-2008, 9:33 AM
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The fact remains that an unlicensed car was on the public road. It is an 'absolute' offence and I think you will find them deaf to excuses.
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# 3
mymatebob
Old 04-03-2008, 9:40 AM
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Come and park your untaxed vehicle on my street.
There is a car that has been parked two doors up with tax disc which expired in July of last year
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# 4
Thomas99
Old 04-03-2008, 10:28 AM
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Quote:
Originally Posted by mymatebob View Post
Come and park your untaxed vehicle on my street.
There is a car that has been parked two doors up with tax disc which expired in July of last year
How about doing your Public duty & reporting it?
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# 5
Inactive
Old 04-03-2008, 12:29 PM
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Quote:
Originally Posted by Stompydebs View Post



Can anyone advise?
Yes, get it off of the road.
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# 6
mymatebob
Old 04-03-2008, 12:36 PM
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Quote:
Originally Posted by Thomas99 View Post
How about doing your Public duty & reporting it?
I have - via the DVLA website - at least once a month.

Waste of time
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# 7
Conor
Old 04-03-2008, 12:41 PM
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Quote:
Originally Posted by Stompydebs View Post
The car has no tax. I have no driveway, my road is terraced houses.
Can anyone advise?
What grounds are you going to appeal on? You parked an untaxed car on the public highway. It's an absolute offence.

If I were you, I'd see if the local pub landlord would let you park it in his car park for a few days until you can get it taxed.
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# 8
robnye
Old 04-03-2008, 12:54 PM
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personally, i think you have a right to appeal, the issue you may have, is until you have tax on the car, it will keep getting taxed (hence why some have suggested parking it off road).
the positive point for your appeal, is that you cant get the car taxed without a valid insurance document, so you cant do that until you have the papers from quinn (?)
i assume that the log book change of ownership has been sent of

to me it sounds like the dvla have been chasing the car or at least have known about it not being taxed for a while, and the previous owner did not fill out a SORN notice......
smile --- it makes people wonder what you are up to....
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# 9
custardy
Old 04-03-2008, 1:22 PM
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unfortunatly i dont see your grounds for appeal.if the cars untaxed then it shouldnt be on the road.
that includes the 160 miles you drove home untaxed
just the other day i saw 7 clamped cars in morningside,edinburgh which is a decent area.
7 in one street shows how many untaxed cars are out their
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# 10
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Old 04-03-2008, 1:23 PM
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Quote:
Originally Posted by robnye View Post
personally, i think you have a right to appeal, the issue you may have, is until you have tax on the car, it will keep getting taxed (hence why some have suggested parking it off road).
the positive point for your appeal, is that you cant get the car taxed without a valid insurance document, so you cant do that until you have the papers from quinn (?)
i assume that the log book change of ownership has been sent of
That is no right of appeal, the system may not be perfect, but it does not allow an unlicenced vehicle on the road.
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# 11
mymatebob
Old 04-03-2008, 4:04 PM
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Quote:
Originally Posted by custardy View Post
unfortunatly i dont see your grounds for appeal.if the cars untaxed then it shouldnt be on the road.
that includes the 160 miles you drove home untaxed
just the other day i saw 7 clamped cars in morningside,edinburgh which is a decent area.
7 in one street shows how many untaxed cars are out their
Wish they would come and clamp this bl**dy BMW on my street.
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# 12
Conor
Old 04-03-2008, 4:16 PM
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Quote:
Originally Posted by robnye View Post
the positive point for your appeal, is that you cant get the car taxed without a valid insurance document, so you cant do that until you have the papers from quinn (?)
Irrelevent.
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# 13
Keith
Old 04-03-2008, 8:46 PM
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Offence of having an untaxed vehicle on the road.

You couldn't buy tax as you didn't have insurance documentation

So you admit not having tax, and the vehicle being on the road.

I don't see why you think you have a defence?
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# 14
MarkyMarkD
Old 04-03-2008, 9:34 PM
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I'm only echoing what others have said, but what you are supposed to do is to go and see the car, and if you like it, GO HOME and sort out the insurance and tax. THEN go and collect the car with your new tax disc in your hot sticky hand.

No crimes committed; no chance of getting your new car clamped.
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# 15
raskazz
Old 04-03-2008, 9:47 PM
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Quote:
Originally Posted by robnye View Post
the positive point for your appeal, is that you cant get the car taxed without a valid insurance document, so you cant do that until you have the papers from quinn
Irrelevant, this is no defence.

The driver should have made appropriate arrangements for tax and insurance. It was absolutely forseeable that this was going to be a problem, and it could have been avoided by simply requesting the insurance change a couple of days beforehand to ensure the documents would be received.
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# 16
custardy
Old 05-03-2008, 6:53 AM
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or asking the seller if he/she had insurance on the car and could have taxed it for you
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# 17
Stompydebs
Old 05-03-2008, 9:48 PM
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Quote:
Originally Posted by MarkyMarkD View Post
I'm only echoing what others have said, but what you are supposed to do is to go and see the car, and if you like it, GO HOME and sort out the insurance and tax. THEN go and collect the car with your new tax disc in your hot sticky hand.

No crimes committed; no chance of getting your new car clamped.
Thanks to you all for pointing out my mistake (s). Will never buy an untaxed car again.

I did put my car on a relations driveway until insurance arrived today. Car is now taxed for a year :-)

But would like to know people's views on this,,bear with me ok.

I had to pay 200 to get car unclamped,, 120 of which i get back when i go to the car pound and show them my tax disc. So you park your car on the road outside their payment office, Take tax disc out of car and into the office so they can photocopy it. Then they give you your 120 back ( surety). But they will clamp your car again when it is outside there office as you have no tax disc showing, because it is in their office being photocopied,,,,
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# 18
6889joannew
Old 08-03-2008, 1:00 PM
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my oppinion is appeal against it because my father had a familiar experience and he bought a used car no tax and they clamped him outside of his house he appealed and he got his money back so i cant see why u cant.
My father has also learned another thing that when a clamp is on your car wheel if you remove ya wheel ya can take it off without damaging(if ya damage it ya get knicked for criminal damage) it your not liable to pay a penny and he did this in front of the people who clamped him lol
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# 19
Bob63
Old 08-03-2008, 3:22 PM
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Quote:
Originally Posted by Stompydebs View Post
So you park your car on the road outside their payment office, Take tax disc out of car and into the office so they can photocopy it. Then they give you your 120 back ( surety). But they will clamp your car again when it is outside there office as you have no tax disc showing, because it is in their office being photocopied,,,,
Now you're being paranoid. DVLA care more about vehicles not having a tax disc more than they do about cars not displaying a tax disc. The cameras you see when they do spot checks are reading number plates and checking against the central database, they are not looking on the windscreen for a tax disc.

All my motorcycles are taxed. Not one of them displays a tax disc, as they are kept in my wallet. About 5 years ago I had a tax disc stolen off the bike. A local plod told me that as tax discs are nicked off bikes so often, the best thing was not to display it, simply keep it in my wallet and produce it if it was ever requested (which would be highly unlikely to happen) Note this was motorcycle specific advice
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# 20
flutterbyuk25
Old 08-03-2008, 4:28 PM
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Quote:
Originally Posted by cheesy.mike View Post
Now you're being paranoid. DVLA care more about vehicles not having a tax disc more than they do about cars not displaying a tax disc. The cameras you see when they do spot checks are reading number plates and checking against the central database, they are not looking on the windscreen for a tax disc.
This is because offically it is a police offence not to display a tax disc and it's a DVLA offence not to purchase a tax disc, hence why people get fined twice! Although the DVLA local offices collect the payments for the police offences.

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