Wheel clamp issue following sale
Wheel clamp issue following sale
Author
Discussion

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
I bought a van from a company for my business just over a year ago. The company didn't to change the log book into the new keeper, the tax run out because I did not receive the reminder and now the van has been clamped. This is my fault in a way as I didn't even think about chasing up or checking the log book had been dealt with. I have now taxed the van, changed the new keeper details but the van is still clamped and won't be released until the clamp fee has been paid.

I feel the mistake is more on their behalf and don't see why I should have to pay the fine.

I am in the wrong?

MustangGT

13,648 posts

302 months

Sunday 15th October 2023
quotequote all
Why did you not do the change of keeper yourself? You should have received the new V5C within 14 days. Have you had this?

They have lost out themselves, because tax ends with a keeper change. I am guessing the tax you have been 'using' is the road tax already in place on the vehicle.

IMHO you have nothing to be upset about, both sides of the equation have failed.

119

16,716 posts

58 months

Sunday 15th October 2023
quotequote all
How much is the fine?

Is it worth many hours of your time to potentially get nowhere?

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
[redacted]

Bill

57,053 posts

277 months

Sunday 15th October 2023
quotequote all
optimal noise said:
If I cut it off who would be responsible...
Really?? hehe

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
MustangGT said:
Why did you not do the change of keeper yourself? You should have received the new V5C within 14 days. Have you had this?

They have lost out themselves, because tax ends with a keeper change. I am guessing the tax you have been 'using' is the road tax already in place on the vehicle.

IMHO you have nothing to be upset about, both sides of the equation have failed.
Hi Mustang, I thought the existing keeper changed the details, not the new keeper.

The van was delivered and the history was in a folder (that I had already previously checked on site), having just looked through it, the complete log book was there still in the previous owners name.

Yes I should have checked this, not my strong point being organised!

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
Bill said:
Really?? hehe
It wasn't in my name when it got clamped, so was thinking why not.

Bill

57,053 posts

277 months

Sunday 15th October 2023
quotequote all
optimal noise said:
It wasn't in my name when it got clamped, so was thinking why not.
I suspect they'd view it as criminal damage...

Trevor555

5,052 posts

106 months

Sunday 15th October 2023
quotequote all
optimal noise said:
I bought a van from a company for my business just over a year ago. The company didn't to change the log book into the new keeper, the tax run out because I did not receive the reminder and now the van has been clamped. This is my fault in a way as I didn't even think about chasing up or checking the log book had been dealt with. I have now taxed the van, changed the new keeper details but the van is still clamped and won't be released until the clamp fee has been paid.

I feel the mistake is more on their behalf and don't see why I should have to pay the fine.

I am in the wrong?
They system has worked, in that an untaxed vehicle has been clamped, and taken off the road.

I presume you want the previous owner to pay the fine.

But then you, as the buyer didn't tax the van when you bought it.

Did you assume the tax stayed with the van like it used to?

NFT

1,324 posts

44 months

Sunday 15th October 2023
quotequote all
Is it triangle one with chains having enough slack you can pop ballpoint/wishbone and take it off without damaging clamp?

Imagine they'd love to be ring up and told you have an undamaged clamp at side of road and wish to keep it safe so it's not stolen or damaged by vengeful public, but will have to charge storage fees or put it at roadside where it will likely be stolen if it's not collected within 48 hours..

From what I understand they will take van regardless and indifference to fairness or dispute and charge you more for recovery and per day, and not sure if they charge you more for days elapsed with clamp on either.


optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
I paid for one years road tax through the company I bought the van from, this why its just been clamped.

Its had no tax for two months, I'm surprised it lasted that long in London..

NFT

1,324 posts

44 months

Sunday 15th October 2023
quotequote all
Trevor555 said:
They system has worked, in that an untaxed vehicle has been clamped, and taken off the road.

I presume you want the previous owner to pay the fine.

But then you, as the buyer didn't tax the van when you bought it.

Did you assume the tax stayed with the van like it used to?
I think ironically it has been left on the road and clamped so it cannot be driven or moved off of the road with any ease.

Trevor555

5,052 posts

106 months

Sunday 15th October 2023
quotequote all
optimal noise said:
I paid for one years road tax through the company I bought the van from, this why its just been clamped.

Its had no tax for two months, I'm surprised it lasted that long in London..
Was this company a car/van dealer that supplied you the van?

If so I'd be chasing them to pay your release charges.

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
NFT said:
Is it triangle one with chains having enough slack you can pop ballpoint/wishbone and take it off without damaging clamp?

Imagine they'd love to be ring up and told you have an undamaged clamp at side of road and wish to keep it safe so it's not stolen or damaged by vengeful public, but will have to charge storage fees or put it at roadside where it will likely be stolen if it's not collected within 48 hours..

From what I understand they will take van regardless and indifference to fairness or dispute and charge you more for recovery and per day, and not sure if they charge you more for days elapsed with clamp on either.
I spoke to them just now, I mentioned what would happen if Batman flew out the sky and accidentally cut it off, the reply was £1,000 fine, the matter would be passed to the police and the van would be taken off the road.

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
Trevor555 said:
If so I'd be chasing them to pay your release charges.
I'll call them tomorrow, don't think they will entertain it to be fair, like most of the crxp that happens in my life.

NFT

1,324 posts

44 months

Sunday 15th October 2023
quotequote all
optimal noise said:
I paid for one years road tax through the company I bought the van from, this why its just been clamped.

Its had no tax for two months, I'm surprised it lasted that long in London..
To me it sounds reasonable that you innocently forgot as I suspect most people clone the vehicle if not going to pay the tax intentionally etc.. so fair dues to you as simply forgot. The system won't care either way though.

Sounds like company made error if you paid them to tax it and some administration error occurred while you got sucked into life's challenges and forgot about not receiving log book, is this what happened?

optimal noise

Original Poster:

544 posts

241 months

Sunday 15th October 2023
quotequote all
NFT said:
To me it sounds reasonable that you innocently forgot as I suspect most people clone the vehicle if not going to pay the tax intentionally etc.. so fair dues to you as simply forgot. The system won't care either way though.

Sounds like company made error if you paid them to tax it and some administration error occurred while you got sucked into life's challenges and forgot about not receiving log book, is this what happened?
Exactly mate, anyway, I've just paid £260 to have the clamp removed, apparently I get a £160 refund once the car has been taxed, which it has.

I have to follow this up myself as it's not automatically refunded.

Gareth79

8,697 posts

268 months

Sunday 15th October 2023
quotequote all
NFT said:
Is it triangle one with chains having enough slack you can pop ballpoint/wishbone and take it off without damaging clamp?

Imagine they'd love to be ring up and told you have an undamaged clamp at side of road and wish to keep it safe so it's not stolen or damaged by vengeful public, but will have to charge storage fees or put it at roadside where it will likely be stolen if it's not collected within 48 hours..
Pretty sure it's a criminal offence to remove the clamp even if you can do so without damaging it.

Bill

57,053 posts

277 months

Sunday 15th October 2023
quotequote all
optimal noise said:
Exactly mate, anyway, I've just paid £260 to have the clamp removed, apparently I get a £160 refund once the car has been taxed, which it has.

I have to follow this up myself as it's not automatically refunded.
And then chase the vendor. Unfortunately the system sees this as your problem.

NFT

1,324 posts

44 months

Sunday 15th October 2023
quotequote all
Gareth79 said:
Pretty sure it's a criminal offence to remove the clamp even if you can do so without damaging it.
Oh well, these fine chaps appear to have stolen the clamp?

https://www.youtube.com/watch?v=riqh0xZlEEw