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Clamped for no tax


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Hi,

 

The story begins when my car tax ran out and I decided to declare it SORN as I was going on holiday for a few weeks. Upon my return I had my car MOT'd at a local garage and taxed it online. I collected my car from the garage, drove to work and parked in my usual spot down a side road. I returned to my car after work and found that the counsel had clamped my car for not having any tax.....

 

I had to take some time off work to travel to the counsel office to get the clamp removed. When I arrived they informed me that they had unclamped my car a few hours ago as they realized it was actually taxed. Apparently they phone the DVLA before they clamp a car for having no tax and that the DVLA had informed them that the car wasn’t taxed. The DVLA had realized they hadn’t update their records from the morning and phoned the counsel the following day to unclamp my car free of charge. As I understand it, when you order a tax disc online you have a five day grace period to allow for it to arrive.

 

So through no fault of my own I had my car clamped, had the hassle of getting home and to work the following day, had to pay for all my traveling, had to take time off work to travel to their office and all the distress it caused. Is there anything I can so to get some compensation for this? They also damaged one of my alloy wheels when clamping my car. The wheels are almost new and were in immaculate condition before getting clamped. There are several scratches that can only have been caused by a clamp due to the wheels deep dish design. Furthermore, my windows are covered with glue marks from where they removed the mass of stickers. I appreciate this may be hard to prove, but is there anything I can do?

 

I know there are many people in much worse situations than myself, but it’s the principle of getting clamped for no reason!

 

Any help etc is very much appreciated!

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Hi and welcome to CAG.

 

First off; you only get 5 days grace from the expiry of the last tax disc when re-newing on line. Secondly the council do not clamp un-taxed vehicles, it is normally done by contractors working on behalf of the DVLA and clamping only happens after other exhausted proceedures although it is has been known for errors to happen.

 

So to answer your questions adequately you need to tell us when your previous tax expired, where your car was kept when it was SORNd and how long exactly between did you re-new your tax online after the MOT and you got clamped?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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You only get 5 days grace at the beginning of the month when you tax your vehicle on-line AND the previous tax expired at the end of the month preceeding. i.e. the new tax disk follows on continuously from the old one. They also inform you to continue to display the old tax disk till your new one arrives.

 

As you say you had SORN'd the vehicle, you appear to be confirming that the new (on-line) tax disk did not continue immediately after the expired disk and it was not in the first 5 days of the month. As such,you didn't meet the criteria to allow you to drive the car on the road without having a valid tax disk in your windscreen so should have left it on the drive until your disk arrived. I think you have been lucky that they released your car free of charge as you did commit the offence of "failing to display" a valid tax disk and therefore any hope of seeking compensation is a non starter.

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Hi and welcome to CAG.

 

First off; you only get 5 days grace from the expiry of the last tax disc when re-newing on line.

 

Or a relevant declaration ceases to be in force (SORN). s.33, (1B), V.E.R.A 1994, which appears to apply to the OP

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Or a relevant declaration ceases to be in force (SORN). s.33, (1B), V.E.R.A 1994, which appears to apply to the OP

 

Absolutely.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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