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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
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    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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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.

 

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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.

 

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