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Car clamped for no road tax

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rhone81
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PostPosted: 18:39 - 07 May 2009    Post subject: Car clamped for no road tax Reply with quote

A friend just had his car clamped for no road tax. The car only cost him £40 so he's considering not paying the release fee and letting the DVLA scrap it. What other penalties could they face?

The car was parked in a privte car park adjacent to flats where the grounds are maintained by a factor - should they even have clamped it?
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Kwaks
I'm not a fast rider



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PostPosted: 19:15 - 07 May 2009    Post subject: Reply with quote

Simple answer is yes they can get him if its not sorned, I suspect it has been untaxed for a while?
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stinkwheel
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PostPosted: 19:16 - 07 May 2009    Post subject: Reply with quote

It would appear that the DVLA can now even enter a private carpark which is publically accessable and apply a clamp. Even in Scotland where clamping on private land is normally a criminal offence of theft and extortion.

It's taking a fucking liberty, they sneaked this power through tacked on the end of the finance act which has nothing whatsoever to do with vehicle law other than that.

Another example of the DVLA being made judge, jury and executioner. It would appear they are now allowed to assume an untaxed vehicle in a PRIVATE car park is being driven on the road.

It would be a terrible shame if someone were to jack up the car, deflate the tyre, cut the tyre off the wheel rim with a knife, remove the clamp from the wheel, fit the spare wheel then "disappear" the car. Being very careful not to damage the clamp in any way of course.
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rhone81
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PostPosted: 19:23 - 07 May 2009    Post subject: Reply with quote

There's a sign on the wall of the car park that says "Private car park - residents only".

He's concerned by talk of minimum fines of £1000 for no tax. He he lets it get towed could he still be liable for further action?

The car hasn't been driven since the tax ran out 2 months ago. It's not parked at registered address so someone has grassed.
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cagiva gezzer
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PostPosted: 19:53 - 07 May 2009    Post subject: Reply with quote

There's two cars on the local roads without tax. The dvla website confirms this. One has been reported for no tax. Shifty yet still remains there.

Pot luck with tax i think.

I've always wondered about getting a wheel off while clamped. I'd favour trying a breaker bar and socket behind the front plate. All depends how tight they're put on?
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stinkwheel
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PostPosted: 19:57 - 07 May 2009    Post subject: Reply with quote

rhone81 wrote:
There's a sign on the wall of the car park that says "Private car park - residents only".

He's concerned by talk of minimum fines of £1000 for no tax. He he lets it get towed could he still be liable for further action?

The car hasn't been driven since the tax ran out 2 months ago. It's not parked at registered address so someone has grassed.


The £1000 fine they mention is for driving an untaxed vehicle on the road. They (currently) still have to prove this.

I assume he hasn't declared SORN? If he has, then it's time to get medievil on their sorry arses.

So. Clamped for failure to declare SORN. They ought to be giving you an oppertunity to settle "out of court" for £45 increasing to £80 unless this has already happened. If they actually take you to court for failure to declare SORN, I think they can go up to £400 fine.

To be honest, the DVLA have woven themselves a tangled web of rules and regulations, widely scattered and buried through a mass of otherwise irrelevant legislation. It would take Donald Finlay all his time to work it out.

Might be an idea to post on pepipoo.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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rhone81
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PostPosted: 20:08 - 07 May 2009    Post subject: Reply with quote

stinkwheel wrote:
rhone81 wrote:
There's a sign on the wall of the car park that says "Private car park - residents only".

He's concerned by talk of minimum fines of £1000 for no tax. He he lets it get towed could he still be liable for further action?

The car hasn't been driven since the tax ran out 2 months ago. It's not parked at registered address so someone has grassed.


The £1000 fine they mention is for driving an untaxed vehicle on the road. They (currently) still have to prove this.

I assume he hasn't declared SORN? If he has, then it's time to get medievil on their sorry arses.

So. Clamped for failure to declare SORN. They ought to be giving you an oppertunity to settle "out of court" for £45 increasing to £80 unless this has already happened. If they actually take you to court for failure to declare SORN, I think they can go up to £400 fine.

To be honest, the DVLA have woven themselves a tangled web of rules and regulations, widely scattered and buried through a mass of otherwise irrelevant legislation. It would take Donald Finlay all his time to work it out.

Might be an idea to post on pepipoo.


No the car was not SORN. It hasn't moved since December and has not been on road since tax ran out.

Pepipoo post

Should he contact the DVLA tomorrow say that he neglected to SORN it and attempt to remedy the situation or is there a better course of action?

Thanks for the advice so far.
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brooky
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PostPosted: 20:21 - 07 May 2009    Post subject: Reply with quote

He really should of sorned it, as soon as tax runs out on a vehicle the DVLA system automatically assumes that its being driven on the road illegally, which of course isn't always the case.

With taxing & sorning vehicles so fast and simple to do theres really no reason not to, it could of saved him all this ball ache.

His best bet would be to just cough up the fine, that should stop them from hassling him for even more dough. Thumbs Up

Jake
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Stoo
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PostPosted: 20:42 - 07 May 2009    Post subject: Reply with quote

What would happen if you sent the DVLA the V5 with,
Ieuan Griffiths (he's the DVLA finance director)
Longview Road
Swansea
SA6 7JL

as the new owner.

p.p. a signature and date the sale as a few weeks back and bang it in the post I wonder if it would slip through the gogs at the DVLA? Laughing
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rhone81
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PostPosted: 20:58 - 07 May 2009    Post subject: Reply with quote

unclestoo wrote:
What would happen if you sent the DVLA the V5 with,
Ieuan Griffiths (he's the DVLA finance director)
Longview Road
Swansea
SA6 7JL

as the new owner.

p.p. a signature and date the sale as a few weeks back and bang it in the post I wonder if it would slip through the gogs at the DVLA? Laughing


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rhone81
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PostPosted: 20:59 - 07 May 2009    Post subject: Reply with quote

brooky wrote:
He really should of sorned it, as soon as tax runs out on a vehicle the DVLA system automatically assumes that its being driven on the road illegally, which of course isn't always the case.

With taxing & sorning vehicles so fast and simple to do theres really no reason not to, it could of saved him all this ball ache.

His best bet would be to just cough up the fine, that should stop them from hassling him for even more dough. Thumbs Up

Jake


Fair enough I agree with you. But if he just lets the car get taken is that the end of the matter?
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paulcdb
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PostPosted: 21:32 - 07 May 2009    Post subject: Reply with quote

rhone81 wrote:
Fair enough I agree with you. But if he just lets the car get taken is that the end of the matter?


My neighbour had a car towed by dvla for no tax a couple of years ago and they scraped it, was parked in a public car park at the time and he'd only recently bought it too. . He didn't get a fine so seems a cheap way to scrap cars if it's a shed. lol

Not sure if things have changed much since.
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sickpup
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PostPosted: 23:04 - 07 May 2009    Post subject: Reply with quote

stinkwheel wrote:
Another example of the DVLA being made judge, jury and executioner. It would appear they are now allowed to assume an untaxed vehicle in a PRIVATE car park is being driven on the road.


Expect this one to be challenged in court as it undermines one of the basic primary flagstones of UK law.

The crown may NOT be a judge.
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stinkwheel
Bovine Proctologist



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PostPosted: 00:36 - 08 May 2009    Post subject: Reply with quote

sickpup wrote:

Expect this one to be challenged in court as it undermines one of the basic primary flagstones of UK law.

The crown may NOT be a judge.


Got to find a way to drag the case to court first though. The DVLA are highly adept at making it VERY difficult. Any sign of a case going to court with any realistic legal input and they drop it like a hot potato.

To be honest I find the best way to deal with the DVLA is to totally ignore them and carry on with your life as if they didn't exist. A wheel clamp is tricky to ignore though.

If I had a £40 car which the DVLA had clamped. I would definately find some way to remove the car while leaving the clamp where it was, even if I had to angle grind the hub off and have the car commercially towed then scrapped privately.

Either that or 1) Remove the wheel nuts and put the trims back on. OR 2) Fix it to the road using wire rope and pitons. Then sit back and wait for the tow truck with camcorder in hand.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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