car has been clamped but I don't actually want it.. what to do?

L11

Hi guys, basically my girl friends car has been clamped outside her house, it's her old car and we've been trying to scrap it but down to a mixture of us being lazy and us not having the log book, unfortunately it has been untaxed for a month on a public road whilst we're waiting to dispose of it.

It has now been clamped, which is perfectly understandable, and it is due to be impounded tomorrow.. There's ridiculous fines to pay, but quite frankly, we don't actually want it, we'd be happy to let them take it and then crush it...

Is it likely they'd charge us a fine for the clamping service and removal?

harveybobbles

Could do this..

http://www.anorak.co.uk/279919/photojournalism/photos-of-the-day-glasgow-drivers-outsmart-clampers.html/

Car_54

Sorry, it's a bit academic asking at this stage - what can you do before tomorrow?

I'd be very surprised if they don't charge for the removal, in addition to any fines for non-payment of VED.

Was it insured? If not, that's another fine & points on the way.

FiremanDave

Car_54 wrote: »

Sorry, it's a bit academic asking at this stage - what can you do before tomorrow?

I'd be very surprised if they don't charge for the removal, in addition to any fines for non-payment of VED.

Was it insured? If not, that's another fine & points on the way.

Points for what?

JustinR1979

FiremanDave wrote: »

Points for what?

Do you get points for not driving without insurance?

Car_54

FiremanDave wrote: »

Points for what?

Using a motor vehicle without insurance - Road Traffic Act section 143. Parked on the road (or other public place) is "using". Six points.

Iceweasel

L11 wrote: »

Hi guys, basically my girl friends car has been clamped outside her house, it's her old car and we've been trying to scrap it but down to a mixture of us being lazy and us not having the log book, unfortunately it has been untaxed for a month on a public road whilst we're waiting to dispose of it.

It has now been clamped, which is perfectly understandable, and it is due to be impounded tomorrow.. There's ridiculous fines to pay, but quite frankly, we don't actually want it, we'd be happy to let them take it and then crush it...

Is it likely they'd charge us a fine for the clamping service and removal?

Why are the fines 'ridiculous'?

Tilt

L11 wrote: »

Hi guys, basically my girl friends car has been clamped outside her house, it's her old car and we've been trying to scrap it but down to a mixture of us being lazy and us not having the log book, unfortunately it has been untaxed for a month on a public road whilst we're waiting to dispose of it.

It has now been clamped, which is perfectly understandable, and it is due to be impounded tomorrow.. There's ridiculous fines to pay, but quite frankly, we don't actually want it, we'd be happy to let them take it and then crush it...

Is it likely they'd charge us a fine for the clamping service and removal?

Yes plus for the period that the car was untaxed for. And as someone has already pointed out, if it is also uninsured, the RK will face prosecution under the continuous insurance enforcement rules which carries a maximum fine of £1,000.

This could prove to be an expensive bout of "lazy-ness"!

Joe_Horner

Car_54 wrote: »

Using a motor vehicle without insurance - Road Traffic Act section 143. Parked on the road (or other public place) is "using". Six points.

The problem is, who was using it? They can't just throw points at everyone potentially concerned for the same offence.

There are also different definitions of "using" for different circumstances. Being parked on a public road may constitute "using" in some situations, but not in others.

In fact, even moving a car from private ground onto the road has been found to not be "using" in at least one case - I'll try to find the reference but it was an obscure one and I don't have access to Lexis anymore.

Tilt

Joe_Horner wrote: »

The problem is, who was using it? They can't just throw points at everyone potentially concerned for the same offence.

There are also different definitions of "using" for different circumstances. Being parked on a public road may constitute "using" in some situations, but not in others.

In fact, even moving a car from private ground onto the road has been found to not be "using" in at least one case - I'll try to find the reference but it was an obscure one and I don't have access to Lexis anymore.

I agree. If anything the OP will fall under the Continuous Insurance Enforcement (CIE) which dosn't incur points but a possible £1k fine. The offence of using (driving) without insurance is quite different though and is dealt with by the section 143 of the RTA

FiremanDave

Car_54 wrote: »

Using a motor vehicle without insurance - Road Traffic Act section 143. Parked on the road (or other public place) is "using". Six points.

I see no mention of police involvement.