NSL Clamping with TAX!!

[dunetank]

HELP HELP HELP!!

 

Back in November last year my car was clamped on a friday morning, this was because i had no tax. However the tax was purchased online the night b4.

 

When i asked them to come and unclamp my vehicle i was told that b4 i do i must pay for a tax disc or pay the fine, as my car is showing that it is "SORN"ed. After telling them that it was taxed last night and have the confirmation email to prove it, they said that this alone is not proof enough. And they told me that i would have to wait till Monday morning for them to come and unclamp me. After they had spoken to the DVLA, or i pay. But if they wanted they could of spoken to the DVLA whenever as it is a 24hr line, and found out from them

 

Anyway come monday i phoned and was told by some1 else that a confirmation email is fine and will be out to unclamp me. Which is fine.

However after digging around a bit i found out that the car park i was on was a ASDA one and was not public highway, and because my car was SORNed, should'nt have been clamped. I sent a letter to NSL stating this. However they are refusing to admit they were wrong, And they said even if my car was taxed i should have waited till the tax disc arrived. However i always thought that if you buy a tax b4 the old 1 runs out or the sorn runs out you have a 5 days grace. After speaking to a DVLA rep she said that this is correct!!!!

So can some1 help and tell me what to do next. I want COMP!!! Thank u

 

Matt

[My Real Name]

Under what authority were NSL clamping your vehicle?

[dunetank]

The DVLA

[My Real Name]

My mistake - I didn't read the post correctly.

 

Try asking in the DVLA forum.

[Britainsworstdriver]

Asda car park is regarded as a public highway as the public had full access without there being a barrier etc. So, the clampers are allowed to clamp you there. ASDA may not like it though. How did your car get from it's SORN'd place to the ASDA car park?

[ashmk]

I want COMP!!!

 

You won't get any, forget it and move on with your life.

[dunetank]

The vehicle wasn't SORNed thats what the clamping company said it was taxed the day b4, But when i spoke to the highway agency and local council they told me that it wasn't public highway.

[Britainsworstdriver]

I know it was taxed the day before, you have said that. What was it the day before that? I am guessing SORN'd. So, how did you drive to the ASDA car park? Across the fields or along public roads? If public roads then a seperate offence of not displaying a valid VED could come in too.

 

ASDA car park is public highway as far as driving offences are concerned, because the public can drive straight in and out. SO.if you were to say drive aroudn ASDA car park drunk,. you could and would be done fro drink driving offences even though it is not actually a raod. See what I mean?

 

Don't get me wrong. It is very nasty when you have actually taxed it. However, although the system is getting better, there will be occasions like this where you will get clamped. It won't cost you anything in the end, so stop worrying. As for Comp, don't forget the issue of being on a public highway with a VED showing before you ask them!

[dunetank]

According to the DVLA if you apply for a new tax disc b4 the old 1 expires or b4 the SORN expires then i have a grace period.

the car was driven from home. but what i dont understand is if i park it on my private car space at home it can also be clamped is what you are saying coz any1 can drive on there

[havinastella]

Dune, you are completely right.

 

If you had paid the tax online and had the receipt, you are completely entitled to drive your car.

 

As they clamped your car, they essentially 'arrested' it.

 

They had 'NO' right to do so.

 

I would be inclined to send the parasites a LBA, containing all the additional costs that you bore that weekend (hire car/taxi's) etc.

 

Jogs

[dunetank]

well the only problem is all i have is a £12.50 rec for a taxi. but surely i can claim for the inconvience of not having a car. they were going to charge me £100 pound a day so i was thinking £412.50 as it was clamped for 4 days plus Phone calls. Have a chance or not............

[patdavies]

I know it was taxed the day before, you have said that. What was it the day before that? I am guessing SORN'd. So, how did you drive to the ASDA car park? Across the fields or along public roads? If public roads then a seperate offence of not displaying a valid VED could come in too.

 

Not relevant. It would have to have been actually seen on the public highway and provably so beyond reasonable doubt. Failure to display is a Police matter, not DVLA

 

ASDA car park is public highway as far as driving offences are concerned, because the public can drive straight in and out. SO.if you were to say drive aroudn ASDA car park drunk,. you could and would be done fro drink driving offences even though it is not actually a raod. See what I mean

?

 

Not quite. For the purposes of the RTA (ie drink/driving) an open car park is considered to be a part of the public highway. However, for DVLA matters, there is a totally different definition of a public highway - "a road maintained at public expense" - which an ASDA car park is patently not.

[green_and_mean]

NSL are correct you can only use the vehicle if waiting for a renewal applied for before the old one ran out in the post for up to 5 days if its a new disc you need to wait for it to arrive. NSL/DVLA can clamp on ANY property if the vehicle is not taxed or sorn'd as long as its not a part of a private residence.

[noomill060]

Asda's car park is private property. So are petrol station forecourts.

 

The fact the public can freely drive onto this property is does not make it public highway.

 

(I understand that Asda and the owners of petrol stations actively encourage people to do so)

 

Years ago when I was younger and stupider, our local Starsky and Hutch in a 1.6 Escort Mark 2 panda car spotted my expired tax disc while I was filling up with 4 star then stopped me 100 yards down the road.

 

I knew he had clocked me back at the BP, and asked why they hadnt bothered to pull me back there.

 

He told me they had to catch me on the public highway, which the petrol station wasnt. (Got fined, points on licence etc)

 

Got a ticket for parking on double yellows, from coppers in a Sainsbury's car park, ie private property. Letter to the chief inspector pointing this out produced an apology and No Further Action.

[lamma]

payment of road tax automatically takes a vehicle off SORN. If NSL don't stay up to date that their problem, both NSL and the DVLA know they have on-line issuance so it seems they either don't bother to check immediately before they clamp or don't have the capability. Either is wrong. I am sure NSL will have access the online records and could checked from their office. A civil claim against NSL and the DVLA, let them fight it out who pays you back for costs and loss of use of vehicle. You were not liable and they served you a detriment their own failing- end of. They also failed to 'stop and correct'. Bring the NSL access to the DVLA records into the claim and get it revealed under CPR - they may well settle before court just to prevent having to open the kimono. After their usual bluster which you may get plenty of. This one could be fun. Keep a log of everything you have done (costs etc) and everything you do from now on, printing costs hours spent etc. Your remedy should be commensurate.

[bribri]

Even though the tax is paid, isn't there a separate offence of non-display of valid disc.

 

Although if that isn't what NSL are clamping for then may be irrelevant.

[My Real Name]

Even though the tax is paid, isn't there a separate offence of non-display of valid disc.

 

Although if that isn't what NSL are clamping for then may be irrelevant.

The DVLA do not have the authority to enforce failing to display.

[green_and_mean]

What the OP has not stated is when the VEL started as they are only available for complete months did they back date it or start it at the beginning of December. If you renew online you can only drive without the new disc because your vehicle is already taxed however the OP had no tax at the time of application.

[lamma]

Good point, especially as the last day of November was a Thursday.

[crem]

It would seem helpful if the OP can state the actual date of the "Friday" in question and the date that the new tax disk he bought came into effect.

[dunetank]

It was taxed on the Friday 13th november typical.....

So the date is from the 1st of november. However the dvla say that I could not get done for the offence of not displaying a tax disc because my sorn had not expired. Cheers guys for the advice any more tips.