Spare car clamped for no tax

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Westindieman

Well-known Member
I have a house with a drive on a quiet cul-de-sac. Most other properties don't have a drive and some owners have at least 2 car owners and cant always park both near their door though its only 200 yards down there is loads of parking. Outside my house was being used by other cars then which they do have a right to do. I bought a new car last November and left the first car which isn't being used on the road out side my house while the new car is being parked on the drive. Cars in the street have been keyed a few times (including mine) so I didn't want it to happen to my new car. Also if I kept the old car on the drive it was likely that when I came from work I would have to park my new car 200 yards away whilst neighbours were parking in front of my house.
I have had the old car for sale since November and though I have had one person look at it and limited interest online I still have it, hence the tax ran out in December.
I am at work and just had a message from a friendly neighbour who lives 200 yards down on the opposite side advising me my car is being clamped.
I am wondering if some neighbour who finds it inconvenient my unused car is being parked outside my house has suspected the vehicle may not be taxed and shopped me.
I am initially considering trolly jacking the car onto my drive till I'm ready to resolve it. What are the implications of that?
I also wondering whether to pay the fine and tax the car for the moment. If I tax the car and don't pay the fine yet what could happen? If I tax the car does it have to be insured to just be parked on the road too?
 

AMc

Distinguished Member
If it's on the road it needs to be taxed and insured.
Vehicle insurance

You can put it on your drive and declare it SORN but I imagine the fine will still apply as it was on the road when it was clamped. Even if it was on your drive you might have got a penalty through the post because you didn't declare it was off the road.

I think you'll need to read the penalty notice to find out how to get the clamp removed, the tax/SORN status sorted and the car onto your drive.
 

nvingo

Distinguished Member
If you can, you are entitled to remove the clamp as long as you don't damage it in any way. It might come off if you let all the air out of the tyre. Then asides from any othe fines, they can't justify charging a release fee and can just come collect the clamp from the roadside.
 

IronGiant

Moderator
, you are entitled to remove the clamp
Can you justify that comment please, otherwise we'll probably have to remove it. I think we should assume this is an official clamp, not a cowboy one.
 

zeppelino

Distinguished Member
You can backdate the tax but don’t think you’ll get away with not paying the fine. They’ll have time/date recorded and your transaction will be time stamped too.

Presumably this a council fine/clamp as can’t see why a private firm would care unless they own the freehold and it’s part of their terms of use.
 

nvingo

Distinguished Member
Can you justify that comment please, otherwise we'll probably have to remove it. I think we should assume this is an official clamp, not a cowboy one.
Sorry, been AFK since posting.
Of course the clamp fitter will have photographed it attached to the car.
It may all be irrelevant now as the purpose for fitting the clamp is to be able to call the tow/lift-truck out and remove the car without the owner retrieving the car first.
The owner only has one chance to retrieve it between clamping and lifting, once the truck arrives it's over and will be taken for crushing, no appeal.
It was unwise of the owner to leave it on the street whether tax-expired or SORN, on his property it couldn't be legally removed. And it's not necessarily been targeted due to malicious reporting but by a ANPR patrol.
Just that the clamp is 'someone's property' and cannot be legally 'damaged', though it's unlikely to be the kind that can be removed without either damage or the key; if the owner can get it off and move the car to his property, the legal battle changes but he still has the car, otherwise it gets taken and crushed.
I've no idea what the situation would become if the owner moved the car onto their own property without taking the clamp off, eg. on a dolly, as then DVLA will need to 'trespass' to retrieve it ( :) ).
 

IronGiant

Moderator
The point was: if you have been officially and legally clamped can you legally remove the clamp yourself? I don't know, but it seems a bit like perverting the course of justice to me.
 

Westindieman

Well-known Member
If I could get to know what the implications of wheeling it onto my drive or garage (after emptying all the crap that garages store) that should be enough for know, gives me time to work out how to remove it without damage.
 

IronGiant

Moderator
1) leave it where it is
2) leave the clamp on
3) Get the paperwork that they must have left with it and see what it says.
 

Westindieman

Well-known Member
Unfortunately, I am not an 'accept what is happening' person without considering everything.
 
I’m gathering they’ve left some sort of number to ring / notice on the window so you can contact the DVLA and not just clamped it?

If so you need to ring that number and discuss the matter.

I strongly advise you do not move the vehicle or tamper with the clamp. Obviously your choice if you do but it won’t then just be a simple fine for no tax. They will not crush your car or certainly won’t for 28 days minimum!

Unfortunately you don’t really have a leg to stand on with regards to this and trust me I’ve been caught out with vehicle tax before myself so you’re best off just paying the fine and putting it down to experience.

I’m gathering / hoping the car is insured??
 

cosmicma

Active Member
as far as i am aware before you can have the clamp removed the car must be taxed , insured and MOT'd with documents to prove it is, only then will they remove the clamp once the clamping fee is paid
there is a time limit for you to do this ( 7 days i think ) if for whatever reason you don't do this the car will be removed and crushed

if it's an official clamp ( not a private firm ) or company contracted by the council / police removing it is a bit of a no no even if you manage to remove it with no damage

a story
a few years ago a car was clamped for not being road legal, the owner got a scrapyard buddy to lift the car on to a low loader and move it
somehow the authoritative body who clamped the vehicle got wind of what had happened to the car and the police swooped on said scrapyard as if some major crime had took place
a friend of mine worked at the scrapyard at the time and told me the story which got me thinking that if some government official clamps your car for whatever reason the last thing you want to be doing is removing the clamp or moving the car
it seems to upset them

on a side note
if a car is taxed and MOT'd but the insurance has expired it still has to be SORN even on private land it's not just expired tax
 

IronGiant

Moderator
@Westindieman

Unfortunately you have made a mistake. It happens.

It is extremely important you ignore any advice from nvingo.

His initial post was reported to us by a Police Officer, and his subsequent advice has got worse.

If you are not using a car it now needs to be kept insured and taxed unless it is kept off the road and SORNED.


When you need to make a SORN

Overview
You need to make a SORN (Statutory Off Road Notification) when you take a vehicle ‘off the road’ and you want to stop taxing and insuring it.

Your vehicle is off the road if you don’t keep or use it on a public road, for example if it’s in a garage, on a drive or on private land.

You must make a SORN in any of the following situations:

  • your vehicle isn’t taxed
  • your vehicle isn’t insured (even for a short time, for example because there’s a delay renewing your policy)


 

noiseboy72

Distinguished Member
Pay the fine now. It only gets bigger! Info here: Get a clamped or impounded vehicle released You have 24 hours before they come back and take the car, at which point the fine doubles and you start paying a storage fee on top of the initial fine.

Be aware of fake sites that make it look like you are paying the fine directly, but are actually creaming off an "admin" fee. Refer to the INF-32 leaflet they would have left you, there should be a sticker on the back with the recovery info, as it's usually sub'd out to a private company.

I saw a vehicle on a grass verge outside a house clamped for no tax. Even though it was "off road", but not on private property. If it's not SORN'd you will still be fined and risk having the vehicle impounded and crushed if it's parked on your drive, so get it SORN'd asap!

It's probably that you had the car registered to your address but not taxed or SORN'd that led to the visit. You will need to pay the back tax to whenever it was last taxed and you could be liable for a fine of up to 5x the back tax or £1000.

I really would not remove the clamp or try and move the car, this is likely to be another offence, with another fine and possibly even a criminal record. Sorry, there's no wiggle room and no good news here. DVSA and HMRC have more powers than pretty much every other statutory body and you will lose I'm afraid.
 

gibbo52

Active Member
Unfortunately, I am not an 'accept what is happening' person without considering everything.

You didn't "consider everything" when you left your untaxed car on the road did you.

Sounds like it's going to cost a bit before you sell it now.
 

IronGiant

Moderator
as far as i am aware before you can have the clamp removed the car must be taxed , insured and MOT'd with documents to prove it is, only then will they remove the clamp once the clamping fee is paid

You can't get an MOT while your car is clamped, It's just taxed and insured or SORNed that concern them.
 

Trollslayer

Distinguished Member
IG is right.
This is because too many people 'nipped out' in untaxed cars and the only way to cut down on it was to create SORNs.
 

LV426

Administrator
Staff member
You can't get an MOT while your car is clamped, It's just taxed and insured or SORNed that concern them.
I seem to recall, though, that you can't get tax unless and until its insured and MOTd??
So it seems to me that the only course of events is
- pay fine, get clamp removed and then move it off the public highway and then either
- SORN it or
- make an MOT appointment, insure it and then get it tested and, once passed, get tax.
You are permitted to drive an untaxed vehicle to and from pre arranged MOT test.
 

noiseboy72

Distinguished Member
DVSA also have a huge network of ANPR cameras, so if a SORN'D car is picked up, expect a fine through the post - or a visit! They will fine you above and beyond the back tax - up to 5X the amount!

If you have genuinely just forgotten to SORN it and the car has not been moved, you will probably get away with just the back tax.
 

cosmicma

Active Member
You can't get an MOT while your car is clamped, It's just taxed and insured or SORNed that concern them.

my understanding is if the car is not road legal it won't be released if parked on a public highway and not SORN'D but like is said it is my understanding iv'e never had a car clamped i could be wrong
 

Trollslayer

Distinguished Member
See post #18.
 

RBZ5416

Distinguished Member
I kept the old car on the drive it was likely that when I came from work I would have to park my new car 200 yards away
Think how much shoe leather you could have bought for the cost of the fine.

You screwed up & got caught. Pay up & move on.
 
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