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Complicate Tax disc / clamping issue.


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Right, in keeping with my confusing life, here's a confusing clamping / tax disk issue.

 

 

I bought a pup of a van from a "reputable" dealer in November last year. That is another story, but is going to court due to the fact it was a wreck that was patched up.

 

 

It has been in a garage (Mechanical workshop type of garage, not a lockup) since the 20th December last year, getting major repairs. I got it back last Saturday, but the repairs hadn't sorted the matter, so I phoned the garage to come back and pick it up.

 

 

I also noted that the tax disc had expired while it was in the garage (31/01), so tried to tax it, but the DVLA wouldn't let me, as they say they hadn't received the V5(?) or whatever documentation it is that they needed to allow me to tax it online. I'd have to go to a Post Office to do it.

 

 

Back to the pup of a van. As my home garage (The lockup variety) is under a coach house with a low arch, I was concerned the pickup truck wouldn't be able to get in to get it, so I left the van on the roadside, just down from my house, waiting for the mechanics to pick it up.

 

 

When I went out this morning, I had been clamped. It turns out, after phoning around, that not only had they booked me for "expired" tax, but also that the Tax disc was a phoney, from another vehicle.

 

 

When I'd bought the van, I'd simply noted that the tax disc was current, and the dealer had said that it had "about six months tax on it" when I bought it in November, and I'd taken it at that.

 

 

My concerns are:

 

 

1. The clampers left no "formal" documentation, as to time / date etc. All I got was the lovely yellow clamp, a sticker on the windscreen, and an official leaflet (INF32). Even parking tickets have to log the date and time and notify the driver, surely they have to as well? It turns out if had been clamped at 8:43 the previous day (I use my car to go to work, as the van is a wreck.) and if I'd missed the yellow clamp then, the vehicle would have been removed and possibly crushed.

 

 

2. As the vehicle was only on the road for a pre-arranged pickup, how can they get away with charging a clamping / release fee?

 

 

3. What is the position regards the tax disc supplied by the dealer?

 

 

4. Can I claim the "fees" back from anyone, and if so, which party is liable?

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Oh dear, complicated one this!

 

Well as I see it there are 2 separate issues here as far as you are concerned and one as far as the DVLA are concerned.

 

The DVLA will pursue the RK of the vehicle as its is his/her ultimate responsibility to ensure the vehicle is taxed or SORNd. So as far as that is concerned, the buck stops with you i'm afraid.

 

However, providing to can prove that the seller supplied the van with the incorrect tax disc, you MAY be able to claim any consequential losses via the small claims court (if necessary). I say "may" because again, really it is your responsibility to check the legality of your vehicle so I am slightly concerned that the judge will not be as sympathetic as you deserve.

 

Having said the above, what does the seller have to say about the incorrect tax disc?

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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Unfortunately as the van was on a public road without tax disc, DVLA have all the reason to clamp it.

The issue with the tax disc not belonging to the van is between you and the dealer.

I really can't see a way out of this.

Have you got proof of posting the v5c to DVLA?

They seem to lose everything that is not recorded delivery nowadays.

A right mess.

Good luck

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There is also the problem that you allowed the incorrect tax disc to be displayed on the vehicle, you should have ensured that the data on it was correct.

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The dealer won't return my calls. This is an ongoing issue with the van being a wreck from day one. It has been off the road, in a garage (a mechanic one, not a home one), since 20th Dec last year, hence why I didn't notice the tax disk issue.

 

 

It would appear that, despite being a "dealer," this person has shown a record of dishonesty with this motor. The list of faults is as long as my arm, and it has been in the garage for almost two months. I'm thinking that this is a pattern of fraudulent behaviour on his part. If the tax disc issue was the only thing that has occurred, I'd be tempted to put it down to carelessness, but refusal to return calls, the fact that the van was a disaster waiting to happen, and NOW the tax disc, this seems more than a coincidence.

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The thing is, how is someone supposed to "recognise" what a real tax disc is and isn't? It still looks genuine to me, but according to the DVLA, when they run it through their system, the original was surrendered in Sept 2013, and the tax disc on my van belongs to another Renault somewhere.

 

 

Also, there is the question about it only being on the road while waiting for the breakdown truck to come "pick it up," I know you can do so with a car without a MOT, as long as it's booked in, you can drive it to the testing centre, shouldn't the same be true of tax? If I could have driven it, I would have taken it back to the garage myself, but it would not start, and required a tow truck to come to me, which could not get through the archway to my private garage.

 

 

And, as the dealer hadn't processed the V5(?), the DVLA wouldn't let me tax it online anyway.

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Is the van insured?

Also you can drive a vehicle to a pre-booked mot, but you still need a tax disc or sorn.

You should have waited for the truck to arrive and then give them the van in theory.

Difficult to avoid the DVLA fine now.

The fact is that the vehicle was on a public road without tax disc.

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The thing is, how is someone supposed to "recognise" what a real tax disc is and isn't? It still looks genuine to me, but according to the DVLA, when they run it through their system, the original was surrendered in Sept 2013, and the tax disc on my van belongs to another Renault somewhere.

 

 

Also, there is the question about it only being on the road while waiting for the breakdown truck to come "pick it up," I know you can do so with a car without a MOT, as long as it's booked in, you can drive it to the testing centre, shouldn't the same be true of tax? If I could have driven it, I would have taken it back to the garage myself, but it would not start, and required a tow truck to come to me, which could not get through the archway to my private garage.

 

 

And, as the dealer hadn't processed the V5(?), the DVLA wouldn't let me tax it online anyway.

 

In that case, you probably are not the RK then. In which case it's not your problem. I assume you are using the SOGA in an effort to reject the van and obtain a refund?

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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In that case, you probably are not the RK then. In which case it's not your problem. I assume you are using the SOGA in an effort to reject the van and obtain a refund?

I would think that they are chasing the RK of the vehicle and it is the RK that will be fined for not advising of the sale of the vehicle.

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Thanks for all the info.

 

 

The last question for now.

 

 

As I mentioned, there was no paperwork given or even offered all the way through this. They simply stuck a "do not move" notice and a preprinted INF32 form under the wipers.

 

 

Having had time to read the pamphlet, they say that there should have been "Notices" attached to the van. There wasn't. The guy has just come to unclamp it, and left no information with the van either. Is this the legal and proper way of doing it?

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