Car tax clamp - grounds for appeal...

Trebor16

patman99 wrote: »

Depends where you are. Several Police Authorities (including Essex) have granted VOSA/DVLA to stop and examine vehicles without Police assistance.

It would be interesting to see what authority the police authorities have to grant the power to stop a vehicle to DVLA operatives and contractors.

Section 41 of the Police Reform Act 2002 gives police the power to accredit VOSA operatives to stop goods and passenger vehicles, and this was later expanded to stop any vehicle.

The legislation was amended to allow VOSA to stop vehicles without police accreditation. The legislation that was brought in was the Road vehicles (Powers to Stop) Regulations 2011. I am not sure if this legislation would allow the power to stop a vehicle to be gievn to DVLA operatives. The reasojn I say this is because the legislation talks about stopping people for the purpose of a "test" or for the purpose of being weighed.

shaun_from_Africa

paddedjohn wrote: »

How do you know that the garage was closed?

This was stated in the opening post.

I couldnt get down to pick it up before the garage closed so I arranged to go down later and collect it off the forecourt. I went down around 7.00pm

.

scheming_gypsy

spiro wrote: »

for all they know you have been driving the car all day. .

except for the MOT showing the mileage at the time of test and the mileage on the car would / should have only shown the distance between the MOT station and where he was stopped.

Personally i'd have told him to sling it and driven off. If he threatens to meet you at your address you just park somewhere else and tax it in the morning.

vax2002

Any member of the public can request you stop for them, but you have to stop legally for a marked police vehicle or instruction from a uniformed police officer, anyone else is just an ordinary member of the public.

mcjordi

they nearly did the same to me back in 2007/8 when i had an astra.. they pulled up outside my house after id parked it on the drive next door. So went with his tail between his legs when i pointed out that im allowed to drive it back from MOT. Asked to see Insurance and MOT i simply said NO.. Only the police can request this.. I said im in all day if you wish to phone them.. but clamp that car on private property and ill take further action including removing the clamp by any means necessary..

Take it further OP..

Enterprise_1701C

Just wondering, has the test centre got CCTV covering the area where your car was so you can prove you picked it up from there and went straight home, that on top of the mileage may well help.

Nilrem

Low mileage between the MOT centre ant the guys home may help but is not strictly necessary, from memory case law has deemed that it's not unreasonable to make a small diversion from the most direct route to and from an MOT testing station - for example you can go to a garage and top up on petrol if needed.

I would definitely fight it, as the op made reasonable decisions and took reasonable actions to get the vehicle MOT'd, and collected after the MOT - the "one hour" thing is total bull, as many people will leave the car at the garage/mot station all day and collect it after work, let alone an hour later, and how would that work if, say you took your vehicle to a specialist for the MOT, that was more than an hour from your home...(again Judges have agreed that it's reasonable to get am unusual car tested at a garage that has specialist knowledge of vintage/unusual cars, even if it's not the closest testing station by a long shot).

Quentin

The clamper told the OP that no tax meant he also had no insurance! A blatant lie!

So he has no credibility whatsoever - and the "you only have an hour" line he gave should just be ignored.

HXDave

I think a lot of people have got things mixed up here. We are talking about TAX, not MOT.

Yes, you can drive a car with an expired MOT certificate, providing it is either straight to or straight from a MOT station where it has a pre-booked appointment.

HOWEVER, as far as i am aware (and as always, i stand to be corrected), in order to have a car on the public highway, be it driving or parked, then you need a valid tax disc (or trade plates where applicable).

Anyone else agree?

HXDave

scheming_gypsy

HXDave wrote: »

I think a lot of people have got things mixed up here. We are talking about TAX, not MOT.

Yes, you can drive a car with an expired MOT certificate, providing it is either straight to or straight from a MOT station where it has a pre-booked appointment.

HOWEVER, as far as i am aware (and as always, i stand to be corrected), in order to have a car on the public highway, be it driving or parked, then you need a valid tax disc (or trade plates where applicable).

Anyone else agree?

HXDave

nope, you can drive a car to and from a pre booked MOT without tax... if you couldn't then you'd be screwed if you actually wanted to tax your car seeing as you need a valid MOT to tax it. you'd be stuck in a loop.