Car clamped- really angry

[cannybluff]

Hi, my first post and quite a long story...

 

I purchased a car privately last month. It was taxed until 11/12 (end of Nov)... or so i thought.

 

Whilst driving thru a small country village where i work when a DVLA van taps on the window.

They inform me my car is not taxed. I tell them it is and show them the tax disc which says end nov 12.

 

They inform me that when i purchased the car, the tax disc had been refunded in may

- I had the receipt from the car purchase on me and tried to use it as proof.

 

as i had to return to work, they followed me and clamped my car, telling me it was £100 to have it released.

When I asked about timescale he told me that he was working in the area until 5 or 6 so he would come and release it once I had paid.

 

I phoned at approx 3:45pm, paid £260 and was told it would be released in approx 1 hour, maybe 2

 

at 5:30 i was worried i hadnt heard anything so phoned them back

- they said they had one car left on their system

- mine - and it wasnt being released until tomorrow morning.

 

Now I work 30 miles from home and in a rural surrounding.

I had no way of getting home - as you can imagine I am now livid.

The guy on phone at DVLA said he is the only one there and can't help.

He told me the people who release the car stop at 4 - implying the other two i had spoken to were lying.

 

this has been a huge inconvenience - anyone know my rights?

 

can they tell me they are going to release my vehicle, then just not do it even after I have paid?

Plus what about the part where I never knew about the Tax (DVLA said they didnt need to surrender the tax disc upon refund as they could say it was lost etc...)

 

PS someone mentioned that they clamped the passenger side which isn't allowed - is this true?

 

Thank you

Edited October 16, 2012 by cannybluff
more detail

[sailor sam]

If the car was advertised as being taxed, you may have a claim against the seller even if it was a private sale. Have you contacted him/her to establish what has happened?

[cannybluff]

Hi and thanks, yes I phoned him tonight - he is looking into it. I think he bought the car and sold it on. He said that he would contact the previous owner and check - I think he bought the car with the tax situation already in place.

 

My other gripe is with the DVLA though. Can they really just clamp you, get you to pay then even when you do pay up, keep you stranded with no explanation. If I hadn't phoned them to check, i would still be waiting in good faith following them saying they would release the vehicle...

[Old Cogger]

Hang on, to get a refund you surrender the Tax Disc, that is what I have done on occassions in the last 48 years,,????

 

is there different rules now, doubt it??

[Raykay]

Hang on, to get a refund you surrender the Tax Disc, that is what I have done on occassions in the last 48 years,,????

 

is there different rules now, doubt it??

 

The normal form for a refund - V14 - requires the disc to be attached to it. If the disc is missing or lost, a form V33 is needed instead.

[Old Cogger]

The normal form for a refund - V14 - requires the disc to be attached to it. If the disc is missing or lost, a form V33 is needed instead.

 

 

Then an V33 must of been issued = Fraud by the seller at some stage???? I wonder.

[cannybluff]

The normal form for a refund - V14 - requires the disc to be attached to it. If the disc is missing or lost, a form V33 is needed instead.

 

I asked the dvla the very same question and was told they need to hand in the tax disc unless they have lost it... Loophole indeed

[Bedsit Bob]

If the car was advertised as being taxed, you may have a claim against the seller even if it was a private sale.

 

Even if it wasn't advertised as taxed, you would still have a claim, because there was a non-expired disc on the vehicle.

 

I would suggest that, in future, you run the Reg Number of any prospective purchase, against the DVLA Vehicle Enquiry page.

[Bedsit Bob]

Deleted. Double Post.

[uk007]

I ha this a few years ago, I got a

Car off eBay with 7 months tax on it, a few days later the scummy dvla clamped me and was told the tax disc was

Paid for by cheque and the cheque has bounce

So the car was untaxed! And was told to pay £260 or the car will be removed and I will have to pay £360!! I was fuming!!! Went and bought a grinder for £20 and cut the lock off leaving the clamp and chain in good order, never here's anymore about it they are robbing thugs!!!

[porkyp1g]

I ha this a few years ago, I got a

Car off eBay with 7 months tax on it, a few days later the scummy dvla clamped me and was told the tax disc was

Paid for by cheque and the cheque has bounce

So the car was untaxed! And was told to pay £260 or the car will be removed and I will have to pay £360!! I was fuming!!! Went and bought a grinder for £20 and cut the lock off leaving the clamp and chain in good order, never here's anymore about it they are robbing thugs!!!

 

No, the person who sold you the car robbed you surely, not the DVLA?

[leestudd32]

Had this from dealership before too. Car was advertised with tax and I checked the disc when I viewed it. Collected the car a week later and when I got back I noticed the dealer had changed the disc back to the out of date previous one, cheeky sod. When contacted he tried to make out he never sells them with tax and it had some kind of disabled disc on it. I got a form from DVLA to obtain a duplicate disc which arrived a few days later, obviously the car was just normal taxed. Was driving for about 2 months when I received another letter from the DVLA telling me that my duplicate disc was an error on their part and it had already been returned and refunded back to the scummy dealer. I was fuming and there was nothing I could do, dealer was a total arse about it.

[sailor sam]

Had this from dealership before too. Car was advertised with tax and I checked the disc when I viewed it. Collected the car a week later and when I got back I noticed the dealer had changed the disc back to the out of date previous one, cheeky sod. When contacted he tried to make out he never sells them with tax and it had some kind of disabled disc on it. I got a form from DVLA to obtain a duplicate disc which arrived a few days later, obviously the car was just normal taxed. Was driving for about 2 months when I received another letter from the DVLA telling me that my duplicate disc was an error on their part and it had already been returned and refunded back to the scummy dealer. I was fuming and there was nothing I could do, dealer was a total arse about it.

 

If that was the case and you have a copy of the advert then send the seller an LBA (letter before action) and demand he refunds you the equivalent monies to cover the period of tax that was on the car or you will take him to court.

[leestudd32]

If that was the case and you have a copy of the advert then send the seller an LBA (letter before action) and demand he refunds you the equivalent monies to cover the period of tax that was on the car or you will take him to court.

 

Was over a year ago when it happened, but at least I know now if it happens again. I had to pay again for another 6 months tax.