I’m dismantling a van as scrap but it has a wheel clamp attached to it – suggestions?

[Renta Mouth]

Another clamper turned up! I went out and approached him and he showed me his ID and explained who he was & was polite at all times. He was from the DVLA and clamping this van for having no tax.

 

The van he clamped is out of service awaiting repairs. Its owner is a local chap who does man & van work and has been experiencing financial difficulty.

 

 

This creates more questions.

 

1. A van is a tool of someone’s trade and in this case is awaiting repair. Can the DVLA still disable the vehicle and thereby obstruct its repair and prevent him to continue trading?

 

2. The owner seems to be in a catch-22. He couldn’t afford the repairs needed to get its MOT, therefore could not get it taxed, and he had no off street parking to store it. With these new MOT/tax/SORN rules, how could have worked around this without being clamped for no tax?

 

3. The owner says he can no longer trade and will now sign on unemployed. He also now wants to scrap the vehicle as a write off because he can no longer afford to run it and has his family to feed – so – he says I can take it. Can I just take the van and dismantle it and just tell DVLA to collect their wheel clamp with the wheel still inside it? Or has the ownership of the van now passed to DVLA and it’s no longer the original owners property to give to me?

 

Interesting anatomy of the wheel clamp, it wouldn’t be hard getting this one off with a Rolson 42in Tungsten Bolt cutter.

 

[The Watcher]

Re - 1 ... They will say that THIS vehicle is not essential.

He could always hire / borrow another one.

[setmefree]

I agree with watcher, also with no tax it would be classed as off road and not for works purposes

[Guest 10110001]

The OP has made that the owner is a man with a van business, this is called Hire and Reward, so hiring a van is not an option because H&R is excluded in rental vehicle agreements.

 

Borrowing a van is easier said than done.

 

Answers:

 

1. Its a trade vehicle and he can ask the DVLA for his financial losses by virtue he is obstructed from repairing his vehicle, this will likely be done in the small claims track. He will have to sign on and pay the DVLA fine in instalments to keep bailiff away.

 

2. No way round, an untaxed vehicle must be off public roads.

 

3. You can take the vehicle and dismantle it but you must let the DVLA have their clamp back undamaged, just ring them up and let them come and collect it. You must get the V5 from the original owner, if the DVLA come back in the meantime and take the van then the owner must write on the V5 "GIVEN TO DVLA AS SCRAP". Remove the other three wheels and put it up on bricks for now.

[djweeble]

By law you should not strip it down on the side of the public highway, but there's nothing to stop you moving it to another location if you don't damage the clamp in the process. So......

 

If you're a mechanic you should have access to a decent trolly jack.

 

Jack up the front end, then just lower it onto a dolly and tow it away.....

 

 

BTW, that clamp will come off dead easy. If you deflate the tyre almost completely, and disconnect the flexi brake lines, you'll be able to carefully roll the van forward out of the clamp.

[setmefree]

edited

[Guest 10110001]

Jack up the front end, then just lower it onto a dolly and tow it away.....

 

That is not how a clamped vehicle is transported.

 

This has been done before where a friend had a parked vehicle on her business property with permission and it was later clamped by DVLA, the driver allowed her to scrap the vehicle because the fine -v- vehicle cost was disproportionate and it was now causing an obstruction. The property was a restaurant parking area and she allowed neighbours to park outside business hours.

 

A scrapper will winch it up onto a flatbed and the clamp just rotates with the wheel until its chains become wrapped around the axle.

 

The scrapper must return the empty clamp to the spot where the vehicle was originally parked so DVLA can collect it within 28 days. Tell the council and they'll clear it as rubbish because its now a public hazzard.

[djweeble]

So, in theory, you could (illegally) cut the clamp off, drive/tow the vehicle away, phone the council about the clamp being a hazzard in the road, but not actually leave it there, council comes to collect, finds it missing........ assumes someone/kids has "had it away"

 

You have "proof" that you left the clamp there for collection.... phone call to council..... what can DVLA do ?? you did what you are legally required to do, and they can't prove otherwise. They also can't prove that you damaged the clamp as they don't have it.

 

Hmmmm, naughty

[Guest 10110001]

He cannot cut the clamp, besides its made from high tensile steel.

 

If he did cut it off then he could face a charge of criminal damage, but that probably wont stick in a criminal proceeding because its DVLA's word against the defendant, and nobody whth an ounce of sanity will testify they saw him damage a wheel clamp.

 

A TV program once featured a man cutting off a wheelclamp in the middle of a high street to see the reaction of the public.

 

This YouTube video along with this one shows drivers trying to remove wheel clamps. Plenty more videos where these came from.

[B.A.Ts]

maybe more people should do what this lady did

[PizzaMaker]

DVLA - no tax - has every right to clamp van.

 

DVLA can take nearly any vehicle for having no tax. Have a done a sorn on the vehicle? Is it on private land?

[Dibsthefrenchie]

I read a newspaper report of someone who deflated the tyre and then handed the clamp in at a police station as lost property, they appeared to get away with it.

[tomtubby]

I know of a lady who also took a clamp from her car and went to her local police station to tell them what she had done.

 

The police informed her that it was a "CIVIL MATTER" and suggested that she should write to the bailiff company to say that the clamp was available for collection and that it was undamaged !!!!

 

( This was about 2 months ago and was in the London area).

[kennythecelt]

Or move the loose chain out in front of the wheel clamp,then ...........................

 

I appreciate this was said in fun but CAG cannot and does not condone such behaviour!

[setmefree]

Deleted

[Guest 10110001]

maybe more people should do what this lady did

 

Interesting a Judge says the bailiff cannot lawfully enter the property by force.

That judge should educate Superintendent Sharon Bush of Surrey Police who begs to differ.

 

Yes this letter is dismissing a complaint against two police officers who passed off breaking & entering and criminal damage by a bailiff as a being "civil matter" while he enforcing a parking ticket (which later turned out to be invalid anyway).

[kennythecelt]

Hi setmefree:)

 

I had read all posts, before I posted.

 

I was only trying to protect CAG from possible accusations. :o

 

I will seek another view on my comments, however, to ensure I was not being over zealous. If I was, I apologise in advance.

 

I do appreciate, and added in that post, that the comment was perhaps made in fun!

[setmefree]

Kennythecelt i realise that you were protecting CAG, and by no means was my post a personal dig at yourself.

What i was trying to get through is that D.V.L.A staff would have guidelines in respect to fitting a wheel clamp, and i'm sure that if they were aware that the above fitted clamp chain could in fact become a danger to the public i.e. a trip hazard,and that any person would have a valid claim against them,then they would have to re look at the way that the chain is secured.

As regards to my earlier post about moving the chain, then yes the remark could be classed as instigating an accident, to which i'm sorry, but other remarks on this thread could also be classed as instigating an unauthorised act.

No bad Feelings.

Setmefree.

[setmefree]

With regards to removing a D.V.L.A. clamp i would imagine that it would be a criminal act on the terms that D.V.L.A. have the powers to crush the vehicle in the case that the outstanding fine is not paid.

This suggests that D.V.L.A. own the vehicle from the time the vehicle is clamped until the fine is paid.(I could be wrong) any views..

[tomtubby]

DVLA can clamp a vehicle for not having a valid tax disc. The vehicle is normally located using ANPR equipped vehicles in conjunction with NCP Ltd

 

The release fee is £80 and a valid tax disc must be produced when you pick up the vehicle. As this in normally impossible, a surety must be paid of £120 for a car or motorcylce or £600 for other vehicles. The money is returned to you when you produce the tax disc.

 

If you do not produce a tax disc within 2 weeks you lose the surety and the car will be clamped again.

 

The car will only stay at the location for a day or so before being towed. The fee is £160 and storage of £15 per day.

 

REMOVING THE CLAMP.

 

It is not a criminal offence to remove a wheel clamp from a private car park. In the case of DVLA however it is a criminal offence. The maximum fine is £1,000 but very few cases are ever prosecuted.

 

 

For a start, it would not be easy to get a prosecution off the ground as it would be difficult to prove beyond reasonable doubt who committed the offence, particularly if there were no witnesses.

 

It could not be assumed that the registered keeper removed the clamp as very often third parties offer their help.

[noomill060]

The chain may indeed be high tensile steel, but a grinder with a cutting disc would go through it like a knife through butter.

[setmefree]

 

REMOVING THE CLAMP.

 

In the case of DVLA however it is a criminal offence. The maximum fine is £1,000 but very few cases are ever prosecuted.

 

Thank you tomtubby for that info, this is why i state that other remarks concerning the removal of a D.V.L.A. clamp should also be questioned, whils't as you quite correctly have stated any third party could have removed the clamp so it would be hard to prove,the fact still remains that the earlier post is indeed telling how to remove the clamp from this specific vehicle, which CAG would also not condone.

[Renta Mouth]

DVLA can clamp a vehicle for not having a valid tax disc. The vehicle is normally located using ANPR equipped vehicles in conjunction with NCP Ltd.

 

Apparently is was the local council that reported it untaxed. A council officer was seen on camera looking it over.

 

The release fee is £80 and a valid tax disc must be produced when you pick up the vehicle. As this in normally impossible, a surety must be paid of £120 for a car or motorcylce or £600 for other vehicles. The money is returned to you when you produce the tax disc.

 

If you do not produce a tax disc within 2 weeks you lose the surety and the car will be clamped again.

 

To get a replacement tax it needs an MOT, the driver cannot get an MOT because he is skint, he is caught-22.

 

Why does DVLA need to see tax discs when they already control the database of taxed vehicles. Something doesn't sound right.

 

Forcing the low-income comminity to stump up cash like this only increases the crime rate.

 

 

The car will only stay at the location for a day or so before being towed. The fee is £160 and storage of £15 per day.

 

That fits, during the night the van had a CLAMPBUSTERS sticker placed on it and the small-print bit says: (off top of my head)

 

Clamped?

 

 

Remove the remaining wheels

and place a locking wheel nut on stub

then jack the vehicle down on bricks

 

 

 

 

 

 

 

 

If your car is clamped and someone nicks its wheels in the meantime

then it stops the vehicle being towed or lifted away undamaged

and enables you to claim for a replacement vehicle from the clampers

liability insurer

 

 

 

Another useful tip from:

 

 

 

 

 

 

CLAMPBUSTERS

CLAMPING DOWN ON CLAMPERS

 

 

 

 

I'll try and get a scanned copy of the sticker, it's quite funny.

 

 

 

REMOVING THE CLAMP.

 

It is not a criminal offence to remove a wheel clamp from a private car park. In the case of DVLA however it is a criminal offence. The maximum fine is £1,000 but very few cases are ever prosecuted.

 

 

For a start, it would not be easy to get a prosecution off the ground as it would be difficult to prove beyond reasonable doubt who committed the offence, particularly if there were no witnesses.

 

It could not be assumed that the registered keeper removed the clamp as very often third parties offer their help.

 

Read up, theres is a policeman's letter indicating there is such thing as civil damage, its criminal damage when the police are covering their own ends when they have clearly screwed up when they give the age old its-a-civil matter excuse to a report of criminal damage.

[noomill060]

Absolutely- it would be illegal to remove it, especially as it would simply fall off if a link were sliced through with a grinder. Best keep grinders away from it.

 

They will probably take it away after a few days anyway.

[Renta Mouth]

The chain may indeed be high tensile steel, but a grinder with a cutting disc would go through it like a knife through butter.

 

Have you tried it then?