New Car clamped for no tax

[babyboos]

Hiya,

We bought a new car which we collected on the 1st of December and parked in the council residents car park in front of our house.

I taxed the vehicle this morning at the post office near my work at 11.50am.

My wife returned from the shops (walking) around 1pm only to find a nice shiney denver boot on the car and a demand for £200 from what looks to be a third party agent for the DVLA.

Having phoned them, I have to go to the agency tomorrow with the tax disk and pay the £200 release fee.

I cannot prove I taxed the car before they clamped it because I stupidly chucked the receipt away.

Anyone any suggestions ?

Regards

jules

[patdavies]

Originally Posted by babyboos

I cannot prove I taxed the car before they clamped it because I stupidly chucked the receipt away.

Anyone any suggestions ?

If you taxed the car today, it will be taxed from 1st December. Just show them the tax disc.

[patrickq1]

THERE may also be a payment record at the post office ?

[maybelline]

I agree, if you taxed it on 5th then it is taxed (money to govt in the form of a TAX for using the road or whatever) from the beginning of the month so why should they clamp you even if they clamped you before you physically bought the disc!?????? the point is the tax is paid for the whole month , surely?

[krysus]

Although it's a "council residents car park", surely in a sense it's still private property, or rather it's not a public highway?

[Chesterexpress]

Originally Posted by krysus

Although it's a "council residents car park", surely in a sense it's still private property, or rather it's not a public highway?

If it is council land there is a good chance that it will actually be part of the public highway.

[green_and_mean]

Originally Posted by maybelline

I agree, if you taxed it on 5th then it is taxed (money to govt in the form of a TAX for using the road or whatever) from the beginning of the month so why should they clamp you even if they clamped you before you physically bought the disc!?????? the point is the tax is paid for the whole month , surely?

I don't know why this thread has been bumped but the DVLA do not have psychic powers when they clamped the car it had no tax (and had none for a couple of days) so it was breaking the law and the clampers could not have known the driver was going to visit the post office.

[emsgeorge]

Isn't the offence 'failing to display a valid tax disc' - thus the clamp would of been correctly applied.

Whether you had one in the house, garden shed, or in the glove box does not matter. Unless its in the windscreen, your car is fair game for a 'boot'.

You might get somewhere with it if you complain to DVLA, but they might look deeper into exactly when you purchased the car, did you declare it sorn etc.

Not being able to find any legislation online at the mo - I think the clamp fee and some sort of compenstion to them is an 'out of court' offer. From what I remember, I think that if you dont pay, they will simply put a case in for prosecution, and you get to argue it in court.

[green_and_mean]

Originally Posted by emsgeorge

Isn't the offence 'failing to display a valid tax disc' - thus the clamp would of been correctly applied.

There are 2 separate offences not being taxed and not displaying, DVLA tend not to bother clamping if the vehicle is taxed just not displaying. The DVLA use either ANPR cameras on vans or respond to complaints assuming the vehicle had only been parked untaxed a day or two unless a neighbour is being very vigilant it was probably an APNR van.