Advice on clamping
Discussion
I had to park a car on the road for a few days with no roadtax as had no where left to park it and its been clamped! Now i know its my fault and not looking for sympathy but ive been told they have to clamp the car by the drivers side front wheel and they havent they've clamped the passenger side front wheel which is facing the road so have been told this has been illegally clamped, so just wondering where i stand! thanks
drnick said:
I had to park a car on the road for a few days with no roadtax as had no where left to park it and its been clamped! Now i know its my fault and not looking for sympathy but ive been told they have to clamp the car by the drivers side front wheel and they havent they've clamped the passenger side front wheel which is facing the road so have been told this has been illegally clamped, so just wondering where i stand! thanks
On the bus, probably.drnick said:
wow that was helpful thanks!
He's probably right though. I don't think they have to clamp a particular wheel, as long as they leave something clearly visible to the driver saying that it has been clamped. Like a big sticker on the windscreen, right in front of the driver.Carreauchompeur said:
drnick said:
wow that was helpful thanks!
Don't come on here giving it the Mr. Loophole then... No tax, car gets clamped. It's well enough publicised. See similar reactions to threads which start "I was speeding...how do I get off".HTH, of course.
jaymodunn said:
I thought they clamped and towed it. I had a car on the public road without tax and MOT, and said I was towing it to a garage for repairs. The police yet me off. Also tax not required for an MOT?? Possible arguments..
It might of been because it was parked between another car and the neighbours skip, so may of been lucky on that aspect!
ultimately you're a numpty but you probably know that. Taxing it will be cheaper than any problems associated with no tax etc.
I would get some tax take the clamp off and drive it away, send the clamp back as intact as possible and offer to pay for any repairs, I suspect they can't touch you if you make every effort to recompense them for any damage.
I may be wrong though so look further for confirmation
I would get some tax take the clamp off and drive it away, send the clamp back as intact as possible and offer to pay for any repairs, I suspect they can't touch you if you make every effort to recompense them for any damage.
I may be wrong though so look further for confirmation
not really. If you damage it you are liable but if you make an offer to pay for said damage the court will generally allow for it. I think.
I would take it off because I am generally bloody minded.
If they said I couldn't b
ks to them.
If I paid for the damage then its fair really, isn't it?
I would take it off because I am generally bloody minded.
If they said I couldn't b
ks to them.If I paid for the damage then its fair really, isn't it?
a court will look at all the evidence and if an offer to pay for any er, unwarranted damage, is offered I suspect that the court will move on to something more meaty.
Lets face it
"I damaged the clamp, your Honour, but I fixed it/offered to pay to fix it"
"OK is it taxed/MOT'd ?"
"It is now your Honour, as soon as I removed it I taxed it"
"Oh, ok then er........"
Where does the prosecution go?
Lets face it
"I damaged the clamp, your Honour, but I fixed it/offered to pay to fix it"
"OK is it taxed/MOT'd ?"
"It is now your Honour, as soon as I removed it I taxed it"
"Oh, ok then er........"
Where does the prosecution go?
Foe someone who claims to just be looking for advice and not for a loophole to get out of paying you really are not helping your self.
Having said that i don't blame you one bit, i had a car clamped a few years ago by the DVLA, a neighbour of mine who is around 6 7" and 20 odd stone just walked up to it and removed it with his bare hands, i kid you not he is a powerhouse, but i digress. Just take the thing off and deny all knowledge. If they try to give you a bill tell them as you never damaged or removed it you wont be paying for the clamp. I doubt very much they will take it further as there is no evidence to say you did it, besides you were not even aware it had been clamped. It is amazing what some people will do for a fellow motorist to stop the government fleecing them. We pay enough tax in fuel.
Get it taxed ASAP now tho, you got off lightly. I drove around for nearly a year with no tax because for some reason my car wasn't showing as insured online so i was unable to tax it online. As i am a lazy sod i couldn't be bothered going to the post office. 2 years later i get a knock at the door at 6am from the BIB, they had an arrest warrant for me for non payment of court fines. WTF? i hadn't been to court and told them this so there must be some mistake. While they were sympathetic they said i had to go to court to clear it up.
After spending the day locked up in the magistrates court cells i finally get to see the judge and tell them there must be a mistake. At this point they read out around 20 seperate occasions i captured on ANPR driving around with no tax. I had moved from where my car was registered and didn't inform the DVLA, so they were sending fixed penalty notices to my old address which i obviously never received, as i didn't pay them each penalty went to court, however the court summons also went to my old address so obviously never got them either, so they found me guilty in my absence and fined me. It wasn't until i was "behind" with my fines that the court then issued an arrest warrant. In the meantime i had got a routine 7 day producer and ofcourse gave my correct address, which i guess was then updated and my name must have flashed like a pelican crossing on the computer screen which is why i then had the BIB visit me with a warrant.
It was not pleasant at all let me tell you, and to add insult to injury i had to pay a total of £3500 in fines and was given 7 days to do so or the court was sending bailiffs to remove my car, i had no choice but to pay, which stung like hell, but the real sting in the tail was 2 weeks later when a bailiff knocked my door saying there were several more instances that had not been included in the £3500 fine and i had to pay an extra 500 quid. So 4 grand later i was all square for not paying a £180 tax disc. OUCH!
Having said that i don't blame you one bit, i had a car clamped a few years ago by the DVLA, a neighbour of mine who is around 6 7" and 20 odd stone just walked up to it and removed it with his bare hands, i kid you not he is a powerhouse, but i digress. Just take the thing off and deny all knowledge. If they try to give you a bill tell them as you never damaged or removed it you wont be paying for the clamp. I doubt very much they will take it further as there is no evidence to say you did it, besides you were not even aware it had been clamped. It is amazing what some people will do for a fellow motorist to stop the government fleecing them. We pay enough tax in fuel.
Get it taxed ASAP now tho, you got off lightly. I drove around for nearly a year with no tax because for some reason my car wasn't showing as insured online so i was unable to tax it online. As i am a lazy sod i couldn't be bothered going to the post office. 2 years later i get a knock at the door at 6am from the BIB, they had an arrest warrant for me for non payment of court fines. WTF? i hadn't been to court and told them this so there must be some mistake. While they were sympathetic they said i had to go to court to clear it up.
After spending the day locked up in the magistrates court cells i finally get to see the judge and tell them there must be a mistake. At this point they read out around 20 seperate occasions i captured on ANPR driving around with no tax. I had moved from where my car was registered and didn't inform the DVLA, so they were sending fixed penalty notices to my old address which i obviously never received, as i didn't pay them each penalty went to court, however the court summons also went to my old address so obviously never got them either, so they found me guilty in my absence and fined me. It wasn't until i was "behind" with my fines that the court then issued an arrest warrant. In the meantime i had got a routine 7 day producer and ofcourse gave my correct address, which i guess was then updated and my name must have flashed like a pelican crossing on the computer screen which is why i then had the BIB visit me with a warrant.
It was not pleasant at all let me tell you, and to add insult to injury i had to pay a total of £3500 in fines and was given 7 days to do so or the court was sending bailiffs to remove my car, i had no choice but to pay, which stung like hell, but the real sting in the tail was 2 weeks later when a bailiff knocked my door saying there were several more instances that had not been included in the £3500 fine and i had to pay an extra 500 quid. So 4 grand later i was all square for not paying a £180 tax disc. OUCH!
Edited by welshbikerduck on Tuesday 13th January 23:45
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