Car clamped after one night, couldn't get tax!

[Dudey Head]

My car has been on a SORN since September and parked up at the office car park. I've recently been made redundant & thus had to move the car as soon as possible. I got it MOT'd yesterday & took it home & then went upto the Post Office to get the tax, but missed it as it closes early on a Saturday. It was on a SORN so I couldn't do it online. When I got home the battery had gone flat as it had been sat so long & only been running fo an hour or so, so I couldn't just move it. With every intention of getting it taxed first thing Monday, I looked out of the window a few hours ago & it had been clamped!

I've got to pay £100 to get it released, pay the back tax for the amount of time it's been on a SORN & maybe get a fine! I've just been made redundant & hadn't been there long enough for a pay off & have a mortgage & a young daughter so I'm up the creek basicallly!

Does anyone know if there is anyway to appeal, or if mitigating circumstances can be taken into account? My neighbours can vouch for the fact that it hasn't been outside for months & my ex-boss can vouch for the fact it has been on the car park where I used to work!

This just seems like yet another kick in the teeth. I know it shouldn't have been on the road, but my intentions were good, I had followed the rules to letter for the last 7 months!

Any ideas gratefully received!!

[patdavies]

I'm afraid that you are liable.

 

You may have followed the rules for the last few months, but not for the last few days!

 

You were entitled to take the car to/from the MoT test without VED and whilst SORN, but on return from the MoT test, it should not have been left on the public highway until VED had been obtained.

 

Very unfortunate to be caught is such a short time, but nevertheless caught.

[BigMuz]

I am in a similar position to this. I actually had 2 cars on my drive that were both sorn'd and I needed to move one to get the other out to take it to get work done to it. In the 20 mins I was out of the drive the NCP people came round and clamped the bloody car - no knock at the door or anything.. I think one of my neighbours, (one who only 2 days earlier was badgering me to sell him one), phoned the NCP. I'm bloody livid.

 

I know I put the car on the street but what is the likely fine going to be. I've been reading that they can fine you up to £5000. It's not like I live on a major road, it's a cul-de-sac.

 

Anyone been in a similar position to this or the original poster?

 

EDIT: It's probaly worth noting that the car that's been clamped was due to get an MOT at 2pm too.

Edited March 30, 2009 by BigMuz

[crem]

 

EDIT: It's probaly worth noting that the car that's been clamped was due to get an MOT at 2pm too.

 

What time was it clamped then? Was it near enough to the time for you to appeal that you had got it out to drive it to this test. Even if this was well before 2pm, you could state that you had other things to do at 2pm and intended leaving it at the garage early for them to work on as and when they got round to it.

[BigMuz]

What time was it clamped then? Was it near enough to the time for you to appeal that you had got it out to drive it to this test. Even if this was well before 2pm, you could state that you had other things to do at 2pm and intended leaving it at the garage early for them to work on as and when they got round to it.

 

Well. I took the both cars out at just before 10am, my mate towed the other car to the garage where the work was getting done and he dropped me back off here just before 10.30. Thing is, I intended to put it back on the drive when I got home anyway but they'd already beaten me to it.

 

I'm now fairly sure that it was a neighbour who phoned the NCP people since I live on a very short cul-de-sac and I'd doubt that an ANPR van just happened to come up here to take a look in the, at best, 25 minutes I was out.

 

I'll try putting the DVLA off a fine by telling them it was scheduled for an MOT later in the day but I'm not confident. We know that they'll screw anyone for a few quid in this country these days. My only concern is they'll stick it to me; the SORN letter I have says they can fine me £5000

 

 

I've actually paid to have the clamp removed but they won't come now until tommorow so in the meantime I've got to endure the other nosey neighbours stopping to read the UNTAXED CAR stickers they were kind enough to post all over the bloody windows. It's more the embarasment that's getting me now; people actually stopping to read the notices on the window.

[crem]

So had you perhaps got the car out just before 10 to take it for the pre-booked MOT, only to find the car had a flat battery when trying to restart it outside your house. Having had to remove the battery to quickly put just enough charge back in it to get it to the garage for this pre-booked test, you found the car clamped after a very short period of time before you could replace the battery and continue on to the pre-booked test?

[BigMuz]

That sounds pretty much like it. Thanks for the plan . My mechanic has already said he can confirm that car was going for its MOT so fingers crossed there won't be a massive fine at some point down the line. The NCP van is coming tomorrow to unclamp the car; bit annoyed its taking so long since I paid it at 1pm and I was told that the clampers clock off at 3.

[Ripley]

I have just had something very similar happen. The point is that people who want to obey the law and make every effort to do so end up being penalised and criminalised. It isn't so much about what the regualtions say, as the fact that the state alows you to be vitimised by profiteering private companies like NCP. You have a right to be very angry indeed; people have died to establish the principles being trampled on here.

[JimmySpangle]

I have just had something very similar happen. The point is that people who want to obey the law and make every effort to do so end up being penalised and criminalised. It isn't so much about what the regualtions say, as the fact that the state alows you to be vitimised by profiteering private companies like NCP. You have a right to be very angry indeed; people have died to establish the principles being trampled on here.

 

Not correct for the first bit and no they don't for the second.

 

Every effort to obey the law? The car must be taxed if used on the road, unless on its way directly to or from an MoT. It cannot be left on a public road at any time unless taxed.

 

The OP in this OLD thread parked an untaxed car on the road. I do actually sympathise, but they did indeed park an untaxed car on the road and were caught.

 

I would suggest looking at neighbours for how that one was discovered so quickly! However, they have no right to be anngry unless it is with themsleves.