DVLA clamping - where do I stand legally?

kekomemo

Hi guys,

Just joined the forum because a situation has come about. Basically I just got home a short while ago to find that DVLA had clamped my car today at midday. I want to know if I can contest it at all (see following information on situation) and whether I can possibly claim something against them (if i'm successful) due to me not being able to use the car until they unclamp it (which will probably be Tuesday at the earliest due to it being a Bank Holiday!)

Here's the low-down:

My mother bought the car back in December 09. We were assured that the log-book had been sent off to DVLA for it to be re-registered in her name. This never happened, and was followed up by ourselves in March. DVLA assured us that they had no contact with any logbook for the car, and that it had either been lost in the post or never sent. So we questioned the car dealer again who obviously kept saying that he had sent it. Regardless of the truth, it was now apparent that the lengthy process of replacing the registration for the car would have to be taken.

This process was started at the end of March / beginning of April, and the tax for the car also ran out on March 31. So the car HAS been sat on a public road un-taxed, there's no questioning about this. However, I could not apply for SORN because I did not have the V62...and even if I could have applied for SORN, I would not have been able to drive it to a location off-road (towing would have been optional i guess?) anyway, this was impossible due to not having a logbook.

We then get to this week when the registration for the car was fully processed by DVLA on Monday 26th - and it came through the post on Thursday. Because I have to be in university all day I couldn't make it to DVLA local office to get tax sorted out, and again, when I got home on Thursday it was too late to sort out tax at the post office. Doing it online was my next avenue however a combination of my internet not working, and when it finally did, having to deal with the dvla site not working for me, ended that avenue. So I waited til monday morning, went to college, and when I could take 15mins off i popped down to the local post-office and got the car taxed at 11:14am. I was told that I would have to buy the tax to start tomorrow, so I agreed and went back to college.

I come back home today after my studies and find that my car was clamped at 12:01. I'm going to call the clamping authority tomorrow at 8am, and argue my case then...but do you guys think I have any grounds to stand on?

If anyone can offer some help / advice this evening then that would be great, so I can have extra stuff to throw at them down the phone tomorrow morning!

Thank you in advance to anyone who can offer information!

Kester

debralee_2

Sorry I can't offer any advice but you couldn't you have used the new keeper supplement to tax the car?

flutterbyuk25

kester.mollahan wrote: »

Hi guys,

Just joined the forum because a situation has come about. Basically I just got home a short while ago to find that DVLA had clamped my car today at midday. I want to know if I can contest it at all (see following information on situation) and whether I can possibly claim something against them (if i'm successful) due to me not being able to use the car until they unclamp it (which will probably be Tuesday at the earliest due to it being a Bank Holiday!)

Here's the low-down

My mother bought the car back in December 09. We were assured that the log-book had been sent off to DVLA for it to be re-registered in her name. This never happened, and was followed up by ourselves in March. All DVLA guidance notes state to contact them after 6 weeks if logbook is not received so your mother should have done this, then logbook would have arrived prior to tax expiring. DVLA assured us that they had no contact with any logbook for the car, and that it had either been lost in the post or never sent. So we questioned the car dealer again who obviously kept saying that he had sent it. Regardless of the truth, it was now apparent that the lengthy process of replacing the registration for the car would have to be taken.

This process was started at the end of March / beginning of April, and the tax for the car also ran out on March 31 - as a vehicle owner you should have been well aware that your tax was expiring on this date and therefore should have arranged to get logbook and tax, or move off road until logbook came. So the car HAS been sat on a public road un-taxed, there's no questioning about this. So you admit to breaking the law for 30 days, and wonder why car has been clamped? However, I could not apply for SORN because I did not have the V62...and even if I could have applied for SORN, I would not have been able to drive it to a location off-road (towing would have been optional i guess?) anyway, this was impossible due to not having a logbook. You/your mother could have applied for a SORN at same time as applying for the logbook by completing form V890 and sending with V62 application for logbook - this is is clearly stated on the V62 application that you/your mother completed for logbook, in Section G. Even if you didn't declare SORN you still should have removed the vehicle from the public highway once tax expired.

We then get to this week when the registration for the car was fully processed by DVLA on Monday 26th - and it came through the post on Thursday. Because I have to be in university all day I couldn't make it to DVLA local office to get tax sorted out, and again, when I got home on Thursday it was too late to sort out tax at the post office. Why couldn't your mother tax it as you state it's her car? Doing it online was my next avenue however a combination of my internet not working, and when it finally did, having to deal with the dvla site not working for me, ended that avenue. So I waited til monday morning Post office's are open on Saturdays? and some on Sundays?, went to college, and when I could take 15mins off i popped down to the local post-office and got the car taxed at 11:14am. I was told that I would have to buy the tax to start tomorrow your vehcile should have been taxed from the expiry date not from May1st, so I agreed and went back to college.

I come back home today after my studies and find that my car was clamped at 12:01. I'm going to call the clamping authority tomorrow at 8am, and argue my case then...but do you guys think I have any grounds to stand on? In a word....No!

If anyone can offer some help / advice this evening then that would be great, so I can have extra stuff to throw at them down the phone tomorrow morning!

Thank you in advance to anyone who can offer information!

Kester

No leg to stand on what-so-ever. Pay up.

rev_henry

Sorry, but basically the DVLA will and appears to be allowed to do what the hell it wants. You cannot trust it to receive things you send nor keep accurate records. Keep records ALL communications/correspondence with them.

kekomemo

Just responding to some of your questions / statements flutterbyuk25, though it seems I've not got any grounds from what you've said:

I only realised the tax was due at the end of March when I was in March due to my friend pointing it out (coincidently because he was taking photos of the car for a project) So yes i'll admit that I should have checked the tax disc myself, but due to naivity I didn't because the car dealer assured me I'd have 12months Tax and MOT from December. Again, this is my fault for not double checking so I accept that.

I said that there's no questioning about why the car had been clamped, so no I wasn't wondering why it had been clamped. However, due the DVLA still having the previous owner registered as the rightful owner to the car and therefore no correspondence being sent to me, I just felt that there were some grounds for me not being liable. Seemingly not though.

As for SORN there's no where that I knew off to leave it off road, safely anyway.

Mother couldn't do anything because she's not in the country and hasn't been since January. I had to wait for her signed forms to turn up which slowed down things for the registration form.

I meant to say I waited til friday morning (today) not monday as i typed.

Also if I had taxed the vehicle today for the month of April would I have had more of a chance?


As for the new keeper supplement, no where to be seen, found, or known of.


nevermind, i guess it's a lesson learned in a lot of departments.

Thanks for your help.

flutterbyuk25

kester.mollahan wrote: »

Also if I had taxed the vehicle today for the month of April would I have had more of a chance?

nevermind, i guess it's a lesson learned in a lot of departments.

It wouldn't have made a difference re clamping when you taxed it from, but the vehicle has been on the road during april so tax should have been backdated to beginning on month.

It is a lesson learnt. I can understand that you may not be happy about the outcome, however as a car owner/user you should be aware of your legal requirements.

I hope you get it sorted soon, just to warn you though if you are not the registered keeper (as you say your mum is) it may be difficult for you to resolve the matter with the clampers as they may only deal with the keeper. (I'm ex DVLA but have no knowledge on clamping side of things sorry)

kekomemo

ok thanks for the heads up on that one. the lady i spoke to earlier seemed to just be interested in taking the money there and then but we didn't get into details at that time.

guess i'll call up the clampers tomorrow morning, see what they say, then pay the £100 before my 24hr period runs over.

thanks for the advice though.

Takoda

I know this particular situation has been tough on the OP and he has had an unfortunate experience due to naivety as he himself admits. And I do feel very sorry for him as regards this situation. I just want to point that out first before I make my next comment.

But speaking as someone, who like a lot of people have been paying road tax on time and in full on multiple vehicles since I was 17. Am I glad DVLA are actually clamping people who DON'T PAY.... HELL YEAH!

Strider590

This is the DVLA your up against, they have loophole after loophole and no matter what you do or say, they'll get you for something.... You cannot win against the DVLA, they're corrupt and under govt protection, don't even bother trying.