Car clamped just hours after MOT for not having tax
Discussion
Cars been sorn since February while I replaced a few things. Yesterday took the car in for an MOT and it failed on a bush, which the garage replaced this morning. Picked the car up from the garage with a fresh MOT around 3pm. Parked it outside the house, went to find my logbook, purchased tax, then came back at 6pm and its been clamped.
Is this allowed? Sure I was parked on a road with no tax, but I cant tax the car with no MOT, and I needed the logbook and access to computer to tax it after the MOT.
Its not like it was parked there for a few days either, this was literally no more than 3 hours and its already been clamped. I've already paid the £100 release fee and £160 'surety' charge as the database still hasnt updated the new 6 months tax from sorn.
Useless call center staff said I had to write a letter to an address in Widnes to appeal.
Am I likely to get my money back in full from writing a letter about what happened or is it better to go down the small claims court route?
Is this allowed? Sure I was parked on a road with no tax, but I cant tax the car with no MOT, and I needed the logbook and access to computer to tax it after the MOT.
Its not like it was parked there for a few days either, this was literally no more than 3 hours and its already been clamped. I've already paid the £100 release fee and £160 'surety' charge as the database still hasnt updated the new 6 months tax from sorn.
Useless call center staff said I had to write a letter to an address in Widnes to appeal.
Am I likely to get my money back in full from writing a letter about what happened or is it better to go down the small claims court route?
davamer23 said:
You should have a time stamped reciept from the post office? if this is before the time on the paperwork for the clamp going on the car then you should have a good case to get it overturned.
I have the email to say my tax payment was successful at 5:30. The MOT was dated at around 19:00 09/10/14 for some reason (guessing it was because I told them to fix the bush) but as I said, I picked up the car about 3pm from the garage.Interesting point; I paid for my tax at 5:30pm, when I phoned them up and even when I checked online at just gone 6pm, it was saying my car was still untaxed. (I still had to pay that £160 'surety' charge as my car was "untaxed" even though the email says I was) Looking on the DVLA website, it states that it may take up to 5 days to update the system.
paulshears said:
I'm sure they will say... "You can tax your car over the phone & you should have taxed it before you drove it away from the MOT station"
You won't get a penny back
This requires you to have some of the paperwork (logbook/new keepers slip/tax reminder)You won't get a penny back
How many people would take these to an MOT? I'd think a large majority would keep these at home. Also, mobile signal in the area isnt that great.
hexstatic said:
This requires you to have some of the paperwork (logbook/new keepers slip/tax reminder)
How many people would take these to an MOT? I'd think a large majority would keep these at home. Also, mobile signal in the area isnt that great.
Someone who needs to tax a car should take it to an MOT - there's no leeway for leaving the test station, the car needs to be taxed.How many people would take these to an MOT? I'd think a large majority would keep these at home. Also, mobile signal in the area isnt that great.
It does sound like you got very unlucky though - perhaps they just so happened to be sweeping your area with a camera car on that day. It's an expensive lesson!
It seems you've been unlucky here. I wasn't aware they clamped untaxed cars but I expect they presumed you'd been using it for months since it was SORN and got a bit zealous. If you'd had a drive you'd have been OK unless an ANPR camera picked you up and they followed you home? [/paranoia chip]
SonicShadow said:
Someone who needs to tax a car should take it to an MOT - there's no leeway for leaving the test station, the car needs to be taxed.
It does sound like you got very unlucky though - perhaps they just so happened to be sweeping your area with a camera car on that day. It's an expensive lesson!
You can drive an untaxed vehicle to and from a booked test.It does sound like you got very unlucky though - perhaps they just so happened to be sweeping your area with a camera car on that day. It's an expensive lesson!
Where the OP went wrong was parking it on the street instead of back wherever it had been whilst SORNed. He was unlucky, but it sounds like the clamping may have been technically correct.
Cooperman said:
The big question is was the time of you paying for your tax at the post office earlier than the time it was clamped.
If it was, then you were wrongly clamped and will get the clamping costs back. If not, then it was parked on the road without valid road tax.
Says he did it on line at 5:30pm. If it was, then you were wrongly clamped and will get the clamping costs back. If not, then it was parked on the road without valid road tax.
hexstatic said:
The problem is I have no idea when it was clamped. It could well have been clamped after I bought the tax, and as the DVLA website states "Please be aware that if you have taxed, made a SORN or had an MOT in the last 5 days these details may not have updated."
Yes, but you parked it shortly after 3pm and taxed it at 5.30pm, then returned at 6pm to find it clamped. So, there were almost 3 hours while it was on the road, and only for the last 30 mins was it taxed.Trying to get out of it due to a technicality won't work -the fact remains it was not taxed and it was on the road for a couple of hours.
Like I said... very unlucky, but bang to rights. You took the risk, and lost.
calibrax said:
Yes, but you parked it shortly after 3pm and taxed it at 5.30pm, then returned at 6pm to find it clamped. So, there were almost 3 hours while it was on the road, and only for the last 30 mins was it taxed.
Trying to get out of it due to a technicality won't work -the fact remains it was not taxed and it was on the road for a couple of hours.
Like I said... very unlucky, but bang to rights. You took the risk, and lost.
Does VED work by the hour now? I think the OP has a virtual tax disk from 1/10/14, so surely the offence is failure to display - not that you need to since 1/10/14.Trying to get out of it due to a technicality won't work -the fact remains it was not taxed and it was on the road for a couple of hours.
Like I said... very unlucky, but bang to rights. You took the risk, and lost.
OP goes to court, asks DVLA if VED was in effect at time of clamping?
Personally on principle I'd have a go. I'd imagine if you go down the FOI route with DVLA on time it was clamped , it might show car was taxed before clamping.If so and I be looking to see if DVLA are covered by LGO ,and if so make a complaint. Else, I'd pass the proof to my local MP ( remember it is the run up to elections ) asking if this is another reason why DVLA is not fit for purpose.
I taxed mine last month on the 30th, and some days later it was still showing as Due. But I believe there's two standards. one is DVLA AGENTS. Computer ,he says "NO", car gets clamped/removed etc. Report to DVLA and it needs to be after the 15th of following month.
I taxed mine last month on the 30th, and some days later it was still showing as Due. But I believe there's two standards. one is DVLA AGENTS. Computer ,he says "NO", car gets clamped/removed etc. Report to DVLA and it needs to be after the 15th of following month.
Yes, he could go to court on the basis that it was clamped after 5.30pm. But as the car was there for 3 hours, the odds of it being clamped only in the last 30 minutes is just one in six. Personally I wouldn't waste my time and effort with those odds.
Even if it was clamped later, he would have to admit in court it wasn't taxed until 5.30pm, so there's still no guarantee of a result, as the court may take into account that car was not taxed for 2.5 hours before that.
Even if it was clamped later, he would have to admit in court it wasn't taxed until 5.30pm, so there's still no guarantee of a result, as the court may take into account that car was not taxed for 2.5 hours before that.
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