car clamp appeal- can i get my money back?!

faikad

Hi,
I wanted to know whether i have grounds to appeal the clamping of my car, and if so, where and how do I appeal.

I bought my car on sunday 7th december, without a tax disc. i bought my insurance online on sunday, and tried to get my tax disc online too, but could not as my car was not updated on the motor insurance database. Hence i had to wait until monday morning, but even then i only had the print out of my insurance documents and because of this reason i was denied the purchase of a tax disc at two different post offices on monday. so i did try get it, but was refused, and so i tried to find somewhere to keep my car off-road in the mean time, but before i could move it, my car was clamped on monday afternoon. On tuesday morning I got my original insurance documents in the post and straight away went and bought the tax disc. but i had to pay £260 to have the clamp removed, of which £160 will apparantly be paid back to me when i present the tax disc in person to the Vehicle Pound(Nottingham), but i will still have lost £100 release fee, plus the fuel cost to get from Leicester to Nottingham, which is where I need to go to present the road tax, not to mention the fact that it will cost me to arrange babysitting for my two toddlers whilst I go there and back.

I would like to know if I have sufficient grounds for appeal and where do I need to write to in order to appeal, and also what are my chances at getting back my money.

Thank you. any help would be v much appreciated, thank you.

anewman

You drove it without tax (and possibly insurance), being clamped and fined a release fee is the least that could happen. It's up to you as the driver to ensure a vehicle is insured and as the registered keeper it's up to you to ensure the car is taxed, or that if it is recorded as off road that it is kept off road (and not driven on the public roads).

Chance of successful appeal = none. Chance of money back = none.

I can understand it appears harsh, but it is not impossible to leave a deposit, then go away and arrange insurance and tax and collect it later and drive it entirely legally.

sarahg1969

I think anewman is right. You should have arranged insurance tax before putting the vehicle on the road.

Conor_3

You have no leg to stand on. It is illegal to use a vehicle on the road without a valid tax disc. It is illegal to use a vehicle that is not displaying a valid tax disc.

Just what exactly are you going to use as a basis for your appeal? The car was on the public highway untaxed. It's an absolute offence, i.e there are no shades of grey - no tax disc = no use on the road.

What you should have done is waited until you'd got the tax disc then collected it. I had to with the Capri I bought last month. Ended up doing a 120 mile round trip twice - first to buy it, second to collect it once I'd got the tax disc.

faikad

but the thing is i bought the car on the weekend, and bought my insurance online on the same night, but was unable to do the same with the tax. i did try to get the tax online, at also at the post office, twice, but they turned me down because i didnot have the orignal insurance documents on monday. i know its an offence to drive on roads without tax, if i didnt, i wudnt have tried to purchase the tax disc at all.
as soon as i got my insurance docs in the post on tuesday morning i went and got the tax disc without any problem. but obviously i had already been clamped the night before. its just ridiculous that i could not have been allowed even a few hrs from time of purchase to get the tax. i was doing everything within my power to take it to someones garage or drive, but before i cud move it, they had clamped it!! i dont kno what else i could have done to avoid this situation... please tell me there is hope

xxlaurissaxx

But they dont know that you had just bought it? Its Murphys Law im afraid. Theres no way you will be able to appeal as you have no grounds to appeal it on. Sorry xx

anewman

faikad wrote: »

but the thing is i bought the car on the weekend, and bought my insurance online on the same night,

This means you drove without insurance. And we know what happens to uninsured cars....



They've even been known to be rather over-zealous and crush insured cars they thought were uninsured.... http://www.manchestereveningnews.co.uk/news/s/235/235318_insured_drivers_anger_as_police_crush_car.html

Be glad you still have a car

faikad

no i admit they would not have known at time of clamping that i had just bought it, but now in my appeal i can provide purchase receipts, dvla will also have log of change of ownership aswell. does all that mean nothing??

faikad

anewman wrote: »

This means you drove without insurance. And we know what happens to uninsured cars....



They've even been known to be rather over-zealous and crush insured cars they thought were uninsured.... http://www.manchestereveningnews.co.uk/news/s/235/235318_insured_drivers_anger_as_police_crush_car.html

Be glad you still have a car

but i did have insurance - had bought the insurance the night before i went to pick up the car. the only thing missing was tax, because it was not pysically possible for me to get it!

MX5huggy

Take the dealer to court for letting you drive off without tax.

Merry_Gentry

You may also get a fine through from the DVLA of approx £100 as they are notified that your car was clamped due to not showing valid tax. Mine came about 2 weeks later in the post as a little present.