DVLA clamps - cabsmanuk
In Milton Keynes car parks I have seen a few cars with wheel clamps having DVLA stickers, presumably because they don't have a valid tax disc. I thought they had do give a warning before they clamped a car or can they do it to any car that is just one day over the tax disc? What's the release fee?
DVLA clamps - Stargazer {P}
From the DVLA www pages:

Since 1997 they have been using Sureway Parking Ltd in a clamping scheme for missing/incorrectly licensed vehicles.

First 24 hours...80pounds +proof of valid license to release

After 24 hours, car towed to pound, release fee of 160 pounds + proof of valid license, registered keeper informed in writing.
15 pound/day storage charge.

Cars of no economic worth destroyed after 7 days, other cars destroyed or disposed of after 14 days
DVLA clamps - Dave_TD
They had a blitz in Bedford just before Christmas, over 200 untaxed cars clamped in 3 days and most of them removed within a week! See this from the local paper:

www.seriousaboutnews.com/cgi/xtranews/viewnews.cgi...7,

DVLA clamps - RichL
Hang on, if this is in a Car Park in Milton Keynes, then surely its on private property, and thus has no requirement to be taxed anyway?
DVLA clamps - Jonathan {p}
Unless they are SORN, they are illegal. It doesn't matter that they are on private property. In theory, they could clamp it in your own garage at home if it doesn't have a valid disc or been SORN'd.
DVLA clamps - Dwight Van Driver
Road under the VE Act means a road repairable at public expense.
Presumably the Council pay for the upkeep of the Car Park hence a road.

DVD
DVLA clamps - HF
So is it untrue that we're supposed to get 14 days' grace after licence has expired, if we have every intention of buying one? New Year's Eve I went to get mine, only to find that the PO had shut early, and so had to wait till the 2nd. Could I have been done for that?
HF
DVLA clamps - Dwight Van Driver
HF

There is no such thing as 14 days grace nor was there ever.
The 14 days was a sort of gentleman's agreement to cover the paperwork. With the clampers about bang went the gentlemen.

A tip that might work ( it used to), If ever reported by Plod for an Excise Offence, renew imediately. By the time his Form CLe 2/1 outlining the offence reaches DVLA then their records should show one now in Force - N.F.A.

DVD
DVLA clamps - smokie
I got "done" years ago (late 70s, probably pre-DVLA) for No Tax Disc. I'd bought the car from a dealer who was supposed to get me the tax but had't got it by the time I picked the car up. I was desperate to get the car so took it without, and as he still promised to get it, he kept the log book.

Eventually in frustration 2 - 3 months later I visited him and retrieved the log book. Mrs Smokie insisted that I backdate the tax to when I bought the car, which I duly did, despite the fact that as far as I was concerned I hadn't been caught.

Two months later a "local enforcement officer" visited me to say that my car had been seen 3 months earlier with no tax disc. Which of course was true, although I had later bought it to cover the period in question.

Despite explaining the whole story, I was invited to attend court. Lawyer colleagues helped me write a mitigating letter, including the full and complete explanation, and I even managed to winkle a letter from the car dealer admitting that he had caused the problem.

Everyone thought I would get off.

I got found guilty, £5 fine and no expenses - which may not seem a lot (mind you, it was worth more then) but it meant I had a record of sorts. And proves DVD's theory doesn't always work...
DVLA clamps - Toad, of Toad Hall.
DVD's theory doesn't always work...


Another tame plod has confirmed DVD's point to me.

It only really works if you're under 1 month over and able to keep unbroken 'tax-edness'.

Failure to display is a police matter - usually 20 quid non endorsable. Taking it further than that is a civil matter and for the DVLA. If you've been without tax for ages or have been caught a few times they will contact the DVLA who are able to take your registration number from you and deal with any further 'fineage'.


--
These are my own opinions, and not necessarily those of all Toads.
DVLA clamps - terryb
Oh yes, HF you could. The 14 days grace is (was?) only for renewing at a post office. It's due on the day the old one expires and you get at least two weeks' notice of this when the reminder arrives.

You can also get done if you've got a disc but it's not displayed (in fact, iirc, that is the offence - failure to display a current road fund licence).

I really don't see the problem - it's not as if you lose the "unused" days on the old disc if you renew before it expires, so why hang on? :o)
Terry
DVLA clamps - Tony N
Its about time road license was abolished anyway, there should be a pay as you use system via tax on fuel. Using contractors to collect fines is typical of this government - its revenue raising in the style of gatso's, nothing more. If they were serious about proving vehicle road worthiness there would be an insurance and inspection disc as in Ireland.
DVLA clamps - Dave_TD
Depends how much fuel you get through, I suppose. I'm quite happy paying £110 a year for my VED. But then I drive 84,000 miles every 12 months, so I'm spending enough on fuel as it is.
DVLA clamps - KB.
Perhaps Tony feels that if someone uses very little fuel in a year, then he's not using the roads and their facilities very much and not contributing to wear and tear etc and should pay proportionately less. As it is the low mileage user may only use the vehicle once or twice a month and still pay between £80 and £160 for the privilege.

Conversely, Dave may argue that the roads, and their accompanying infrastructure, need to be in place and maintained regardless of the individual mileage any one particular user may cover.......Who can say?

Personally I'm with Tony - but then I would be, covering only a relatively low mileage myself.
KB.
DVLA clamps - BrianW
IMHO fuel duty should be the only form of motoring taxation.
No VED, no congestion charging and no road tolls.

The fuel duty paid goes up in proportion to the time you sit in jams and therefore equates to congestion charging.

The duty paid increases for each mile run and therefore equates to tolls.

The basic infrastructure is a national asset and should come out of general taxation, same as any other public service.

In cities, with the proliferation of bus lanes, buses are being heavily subsidised by motorists nowdays as we are paying for roads that we cannot use half the time.
DVLA clamps - No Do$h
Of course there is the small matter of the VED disc proving the vehicle was insured and MOTd on the day of issue. How many people who get clobbered on this one have an MOT or insurance? Very few I would suspect, judging from the summary of local court cases in my local rag......

Until they introduce an Insurance Disc and Roadworthiness Disc, we're stuck with the VED.
No Dosh - but then who has?
DVLA clamps - HF
DVD - thanks, guess I was just lucky I didn't get spotted by any clampers.

Terry, there's no problem, just genuinely didn't get round to buying tax on time, what with the festive season and all that. Will try harder next time ;)
HF
DVLA clamps - Armitage Shanks{P}
I don't have any support for idiots with untaxed cars but if you are clamped for no tax disc and you have to produce a disc to get your car released what do you do if it needs an MOT to show when applying for tax? You can't get it MOTd while it is clamped! Sounds a bit awkward or have I missed something?
DVLA clamps - Dave_TD
Read the news article I've linked to above. You pays your £80 unclamping fee, and another £120 "surety", before they let you take the car away. And then they've got all your ID to chase you and take you to court when you neither tax nor scrap the car immediately.
DVLA clamps - HF
Read the news article I've linked to above. You pays your
£80 unclamping fee, and another £120 "surety", before they let you
take the car away. And then they've got all your ID
to chase you and take you to court when you neither
tax nor scrap the car immediately.

>>
Is that to me, K? I did read your link, and I understand the fees involved if you get caught. Was just wondering about mitigating circumstances, like I believe I had, but from other posts I find this was meaningless anyway!
Have a good day tomorrow K,
HF
DVLA clamps - Armitage Shanks{P}
Thanks for that, I see what happens now! It had occured to me that this was another very good idea, spoiled in the execution, by incompetent drafting the regulations involved!
DVLA clamps - Jimbo123
Strangly enough I was just going to bring this subject up today.
I was in the process of selling my old car (it had been for sale for 3 months and no-one had even enquired) so I left the car parked in OFF ROAD parking out the front of my house. 2 Weeks after the tax disc expired (which I thought was ok as I wasn't using the car, and was going to get it taxed if someone came to view it) I looked out the window only to see it clamped. As far as I was concerned it was parked legally, but upon telephoning the sureway parking services (the clamping company) they checked and said the area where it was parked was under joint maintenance between the school (which I live next to) and the council and therefore counts as part of the public highway.

I then had 24 hours to present a current tax disc and pay the £80 release fee. The new tax disc was of course dated from the start of the month (which means there was no gap between that and the old one expiring). If the clamped car was my only car, then quite how I was supposed to get to the clamping office (30 miles away) within 24 hours is beyond me. But, I just paid the fee and they came and released it, I thought that was the end of the matter. How wrong I was, 3 months later I recieved a form from the DVLA asking me to state who the owner was at the time, I sent it back (they told me over the phone I should just get a cautionary fee as there is no tax to backdate) - though I did write a letter saying what a waste of time it was, which I think probably got up someones nose because I then recieved another letter saying they plan on persuing legal action.

Today I recieved a court summons in the post, the summons says I will have to pay £45 costs, and a fine of up to £1000, or 5 times the outstanding tax (which in my case is nothing). Has anyone got any idea of how much they are likely fine me? And why they haven't just given me a fixed penalty fine?

So far I have had to pay :- 6 months tax I didn't need £88
the clamp release fee £80
And will have to pay another £45 plus the fine.

All it needed is for someone to have told me that my parking spot off the road outside my house counted as part of the highway and I would have taxed it in the first place.
DVLA clamps - No Do$h
You could have had it parked off-road without tax, but only on completion of a SORN (Stautory Off Road Notification).

These were introduced last year (I think) and require that you tell the Swansea Stormtroopers that your car is currently off the road and therefore will not be taxed until it returns to the road. If you are caught driving the car whilst there is a SORN on it they will throw the entire library of books at you.

From what you describe, they are nobbling you for failing to fill in a SORN as well as "evasion of duty".

Unfortunately the SORN was introduced without an enormous amount of media coverage and the only reminders you get are amongst the detritus trying to sell you number plates that you get sent with your VED renewal notice.

Sorry I can't be more positive. Perhaps DVD can expand on what I've put?
No Dosh - but then who has?
DVLA clamps - Jimbo123
Basically, they are doing me for evasion of license duty, stating the area where my car was parked was part of the public highway. The people at the DVLA keep pointing out that even though now there is no tax outstanding, the vehicle was kept on a public highway without tax (albeit for two weeks) and therefore an offence has been commited. I am sure legally speaking they are correct, but it seems a little extreme to take me to court and land me with a hefty fine over the matter.
DVLA clamps - M.M
Jimbo,

As you haven't confirmed a SORN declaration was in force (as No Dosh enquires) I guess this is why they are making more of the offence than you expected.

I usually have a couple of SORN cars about and it is a right pain to remember when they are due renewal etc. Also it does seem a lot of trouble to go to when the thing might sell the next day.

But overall SORN is quite a good idea..if you remember.

MM

DVLA clamps - Jimbo123
No a SORN Declaration wasn't in force. Which is lucky for me I guess, because the car was clamped on what I consider off road parking and what they consider part of the public highway. Therefore they would have done me for parking on a public highway while the sorn declaration was in force - which is a much heftier penalty.
DVLA clamps - smokie
Jimbo - see my post above - I ended up with £5 fine and no costs. Hardly worth the effort.
DVLA clamps - Tony N
As if they're even bothering over 2 weeks! Around North London its seems as if ever other car has a tax disc from 2001! Why aren't they out busting those, which are most likley uninsured, MOTed or even driven by people with licenses... When it comes to transport in this country it seems like no-one in authority is capable of using their common sense!
DVLA clamps - Jimbo123
Tony, I know I can't believe it. Aparently it's part of operation country stag (or some other name equally as ludicous), whereby it was decided by Gloucestshire constabulary that there are too many people out in the rural areas who are not taxed, so they spent the summer driving around with the clampers checking every car park on (or near!!) every road in the southern part of the county.

A friend works for the motor auctions down the road, when the dealers buy more than one car they leave them in the layby/forecourt outside the autions with trade plates on and collect them the next day. The day my car got clamped, over 50 vehicles got clamped outside the auctions, with the police claiming the layby/forecourt is maintained by council and any car not within the gates of auction needs to be taxed, and that trade plates only cover the vehicles when they are in transit not when they are parked.

I think things are getting out of control.
DVLA clamps - M.M
Jimbo,

*Note I'm not saying that you should be done for this in particular but I think I can see why you are being hassled.

I'd look at the SORN thing the other way round. If you had declared SORN when the tax expired (as the renewal tells you to) because you really thought the car was standing off the road that would have shown a true intent to keep things in order.

Instead you left things up in the air in the same way folks would who used the "14 days grace" excuse then took a chance for a further couple of weeks....and if they weren't stopped would then re-tax skipping a month.

Effectively we are in a continous taxation situation now with SORN being the only alternative to a tax disc...apart from declaring the vehicle scrapped.

MM
DVLA clamps - Jimbo123
Middleman: absolutly! I think I probably should get done. Mistake or not. But considering i will have to pay £200 (release fee, costs, tax) plus the fine seems a little harsh, as when you consider the average fine (if you don't get clamped) is about £150 for people who have been blatently avoiding the law for months.

Surely the point of having a clamping system where your vehicle is only released when you present a valid tax disc and pay a fine, and the DVLA charges you for any backdated tax means that it is unnessecary to bring a civil prosecution except under exceptional circumstances (ie the vehicle was being driven, or kept for long periods of time).

Taking someone to court for being untaxed for two weeks is just laughable, especially when they have already been forced to pay a clamp release fee and any outstanding tax.
DVLA clamps - Pugugly {P}
Well quite simply DVLA/Sureway can clamp on private property if there is no SORN. The fact that a car owner takes a gamble on whether a bit of ground is maintained by public expense you can expect to be clamped if it has no tax. Trade plates displayed on parked cars in a lay by do not excempt that vehicle from tax (only in specified conditions). In fact if the Police/LVLO wanted to be pedantic on this there may be serious offences (in their and the Court's view) of misusing trade plates.

The latest development on the cards is the linking of town centre CCTV to ANPR - this is going to happen in a nearby town to me. Personally I think that enforcement of this style is to be appalauded, believe me I have heard every excuse in the book. There are no excuses only statutory defences. Come on guys there is enough moaning about the Police not chasing burglars, when a new non-police enforcement is undertaken (far more efficiently by the way) people still moan. In 2001 there was enough road tax evasion in the UK to build, staff and equip 10 General Hospitals.
DVLA clamps - Dwight Van Driver
PU.

Advise please.

If a vehicle is on a road with an expired Excise Licence
then under Vehicle Excise Duty(Immobilisation, Removal and Disposal of Vehicles) Regs 1997 there is the power to clamp and remove etc.

If my vehicle is in my drive untaxed then as I understand it there is no offence under the Vehicle Excise Act of an unlicensed vehicle. However I commit the offence of failing to declare SORN under Road Vehicles(Statutory Off Road Notification) Regs 1997 and the parent Act, Reg & Lic Act 1994.
But under these Regs I cannot see the authority to clamp.Where is this authority?

On the road under these circumstances then clamp as per unlicensed vehicle.

Further, in my day, whilst we used to report the offences of no Excise Licence and fail to display, this was considered to be two bites of the cherry and the later not proceeded with. But now it seems in vehicles on the road without Licence and SORN then both are being taken to Court?

DVD
DVLA clamps - No Do$h
Have to agree with DVD.

If I'm not mistaken, to enter your driveway to clamp a vehicle would equate to trespass. I know that it is illegal to repo a car from private land without the authority of the person who has defaulted on the loan for this reason.

In one of my former lives I had to do the odd repo...... To get round the trespass issue I used to wait until about 4:30 and then leave my car blocking their drive whilst I wandered off to sit in my colleagues car a couple of houses down. The customer would have to park on the road, making a straight lift & tow or driveaway (with keys) possible whilst my colleague served the papers.

Oh, and before that job I was an estate agent. Despite rumours to the contrary, I have NEVER been a traffic warden!



No Dosh - but then who has?
DVLA clamps - Fullchat
My sentiments entirely DVD. Cant say I know a deal about the VED Regs 1997 though.
My interpretation of the Vehicles Excise Act is that the vehicle must be on a 'Road' and thats a 'Road repairable at Public Expense' including the verges etc etc. That is not the same as a 'Road', 'Highway' or 'Public Place' under the Road Traffic Act'. Therefore carparks even if they do belong to the Council are not 'Roads' under the Vehicles Excise Act they are car parks. In my opinion therefore the clamping of those vehicles is not legal.

Pug my word are you having an off day! Private property is Private property. Whilst I pay my tax when its due and I believe everyone else should be pay theirs, as much as it hurts at the end of the day, regulations must have their boudaries.

I am having some difficulty getting my head round what has been happening here as it does appear as if they are having two bites of the cherry and there is a case of 'double jepordy.'

A vehicle is either SORN'd and on the road - No Tax and making a false SORN perhaps( or wharever it is). Or it is not SORN'd in which case it is simply - No Tax. Alternativly its not SORN'd and is off the road, in which case there is a - No SORN - offence. Cant see how you can be done for No SORN and No Tax, its one OR the other.

DVLA clamps - M.M
Full Chat you said,

>>Can't see how you can be done for No SORN and No Tax, its one OR the other.

I don't claim to know the wording of the law but the "double offence" does make sense to me.

Say you take the vehicle off the road into your garage and don't declere SORN. That is clearly an offence, OK something of a paperwork one.

Then say you use the vehicle on the road, or move it to wherever counts as a place that needs a VED, then you are commiting the additional offence of using the vehicle without VED in force.

MM

DVLA clamps - Dwight Van Driver
....and don't forget MM in the later you describe there is the third offence of failing to display a current Excise Licence.

And they say speed cameras are revenue earners?

Rgds - DVD
DVLA clamps - M.M
DVD,

I'm just wondering if going out in your slippers to clear off the ice is also a specific offence.

;-)

MM
DVLA clamps - volvoman
MM - Doing that is only an offence if the snow/ice removed causes an obstruction and you're wearing those 'orrible tartan slippers :-)
DVLA clamps - M.M
V,

Tartan slippers can be OK, they don't look too good worn with pink dressing gowns though.

MM

 

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