DVLA Wheel clamping in car park - is it fair??

[MissBenjamin]

Hi Folks,

 

Last year I had to SORN my car off the road because of a accident made it unroadworthy. Unfortunately, it was third party insurance so I couldnt claim. Anyway, the other day I decided to drive it to the garage to get fixed, whereupon it would then pass an MOT and I could have it taxed and insured.

 

I didnt have an appointment with the garage, because the damage was qutie extensive (probably around £1,000) and I wanted to get quotes from two separarate garages.

 

Along the way, I parked the car in HOMEBASE car park to get some things, and when I came back, it had been clamped. I was then told I had to pay £260 to get the clamp removed!!

 

Is this legal? Do I have a basis for disputing the clamping?

 

Thanks

[Sidewinder]

As far as I am aware the DVLA are entitled to do this under an amendment to the 2008 Finance Act / Vehicle Excise Duty (Immobilisation, Removal and

Disposal of Vehicles) (Amendment) Regulations 2008. That amendment permits them to enter private property so long as it is publicly accessible and does not form part of a dwelling in order to immobilise vehicles. I believe that the mistake was probably in stopping 'on the way'.

 

It is quite a fine legal point as to rights and remedies, so no doubt others will have more input, but this link might give you some reading http://www.legislation.gov.uk/uksi/2008/2266/pdfs/uksi_20082266_en.pdf

[acutetomato]

Directgov is good on this one: http://www.direct.gov.uk/en/Motoring/OwningAVehicle/UntaxedVehicle/DG_4022072

 

Had the MOT run out? It is an offence to drive a vehicle which should have an MOT certificate but does not have one unless you are:-

 

taking the vehicle to a testing station for a pre-arranged test

or driving the vehicle away after the vehicle has failed its test.

 

It is also the driver's responsibility for ensuring a vehicle is roadworthy ~ you state that it isn't.

[rebel11]

Thread moved to correct forum. (One off)

[patdavies]

Directgov is good on this one: http://www.direct.gov.uk/en/Motoring/OwningAVehicle/UntaxedVehicle/DG_4022072

 

Had the MOT run out? It is an offence to drive a vehicle which should have an MOT certificate but does not have one unless you are:-

 

taking the vehicle to a testing station for a pre-arranged test

or driving the vehicle away after the vehicle has failed its test.

 

 

It is also the driver's responsibility for ensuring a vehicle is roadworthy ~ you state that it isn't.

 

and then to/from pre-booked repair

[sailor sam]

While the OP has obviously been (apperently) caught fair and square, don't you think that it is a little strange that the DVLA's agents were in the right place at the right time?

[insanekitty]

The whole situation hits me as though the car got used for several "trips" and eventually got caught!

[nohope]

You should have got garages to come out to you to give you quotes. No tax, insurance or mot, £260 to have the clamp removed. If thats all you got for it then count yourself lucky.

If the police had pulled you over you would be looking at fines and probably a ban and points..

[oddjobbob]

The whole situation hits me as though the car got used for several "trips" and eventually got caught!

Spot on!

[Tony P]

While the OP has obviously been (apperently) caught fair and square, don't you think that it is a little strange that the DVLA's agents were in the right place at the right time?

 

Also Spot On.

 

Does a PPC operate that Homebase car park?

If so, do they by any chance have ANPR/CCTV?

[markwild]

While the OP has obviously been (apperently) caught fair and square, don't you think that it is a little strange that the DVLA's agents were in the right place at the right time?

 

I see them all the time round my area (Manchester City Centre) with the ANPR vans driving round NCP car parks etc.

[markwild]

Also Spot On.

 

Does a PPC operate that Homebase car park?

If so, do they by any chance have ANPR/CCTV?

 

A friend of mine used to work for National Clamps in Preston and he said when they found a car without tax they would report it to the DVLA hotline.