DVLA clamp. Paid release fee, now received letter for separate fine

[bhamdriver]

Hi everyone.

I am a part time motor trader, and bought a van to sell to a friend.

 

Said friend then decided he didn't want it, and I had to keep the van near my house.

 

Now, I KNOW I am at fault, I parked the van on the road without it being taxed.

Long story short, a neighbour reported us.

 

At 5pm on the 17th December, I drove past and saw the van had been clamped, with a DVLA flyer on.

The leaflet explained there was a £100 release fee, and I also had to produce a valid tax disk.

The following morning at 9am, I taxed the vehicle, and paid a £100 release fee to have the clamp removed.

 

Fast forward to earlier this week,

I received a letter from the DVLA, stating that said van was seen and reported at 15.59 on 17/12/2013, as being kept on a road whilst unlicensed.

"This remains an offence even if the vehicle is subsequently licensed.

This is separate to the fees paid to the Agency's wheel-clamping contractors who clamped/impounded the vehicle."

 

I now need to fill in a form giving information as to who was keeping the vehicle at the said time.

"Failure to provide this information is an offence and a court may impose a maximum fine of £1000, if you do not supply the information requested."

 

There is no indication on the letter as to how much the fine will be.

There was no reference when the van was clamped, that the £100 release fee wasn't the end of the story.

 

Apparently, the clamp wasn't the full punishment.

 

I called 2 DVLA numbers, to be told that no one can explain anything about the situation to me, nor help me with my query whatsoever.

"You have 2 options, pay the fine, or appeal."

When I asked how much the fine would be, no one knew,

and I just had the previous sentence repeated to me.

 

Can someone explain my rights to me please?

Or someone who has gone through this themselves.

 

I was punished by the clamp.

I paid £100 to have it released.

How on Earth am I know being asked for more money?

 

Thank you.

[Desperate Daniella]

Hi bhamdriver and welcome to CAG!

 

Almost exactly the same thing happened to me. My tax disc was late because of a postal strike. I had to pay about £250 to get the car released so it's obvious that DVLA use different contractors and they can charge what they like.

 

I then got the letter from DVLA and the fine was £60 but that was three years ago so it may have gone up since then.

 

I went to Court and they dropped the case before I went in, but I did have proof that I had paid the tax. Unless you have a very good reason for it not being taxed you may have to pay the fine.

 

I think the whole thing of paying to be released which you assume includes the penalty and then being lumbered with a second penalty is an absolute rip off.

 

DD

[bhamdriver]

Hi Daniella, thank you for your reply. We'd gone down to Somerset to collect the van, and we were told upon arrival (2hr trip) that the van was SORNed. We drove it back, and after our friend decided he didn't want to buy it, we were left to sell it on. It was a stupid mistake of us to leave it on the road untaxed, but it's still shocking to have 2 fines for the same incident.

 

I presume we have no good reason for leaving it untaxed. I was hoping for a way around it.

 

Thanks again for your reply!

[Desperate Daniella]

I honestly can't think of any way round it. I wish I could.

 

The only argument you could try is if you did tax it from the beginning of December. If so, and you decide to go to Court then their representative may decide to drop it before you go in, and I can give you a House of Lords' quote about legislation not being designed to penalize the usually law-abiding motorist. But that will only be worth trying if you taxed it from 1st December.

[bhamdriver]

Thank you. Unfortunately, it was taxed going forward. Got to love the old DVLA.

[Desperate Daniella]

That is a bugger.

 

There are a lot of DVLA/SORN threads on here. It might be worth your reading a few to see what other people have done before you make a decision.

[bhamdriver]

I'll have a read and fingers crossed! Thanks ever so much!

[Desperate Daniella]

I really hope you can come up with something!

 

I had an argument about their forms too and the warnings not being consistent. I'll try and look it out over the weekend.

[bhamdriver]

Thank you Daniella. I'll get on it and hopefully it's not a huge amount to pay.