Mini\'s been clamped for no Tax, but its taxed!!
Turbo Mini Forums

They cant clamp you for failing to display because thats a traffic law enforced by the police, 60quid fine. Clampers, bailiefs theyre all the same, no actual authority just rely on bullying and intimidation.

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I thought as long as you don't damage their property you can remove it. I know when I lived in london (over 10 years ago) there was a company who would pick you car up put in on a flat bed an remove the clamp so you could hand it back to the campers for 1/2 the price.

I knew someone that made a tool to cut his tyre vale and then drive out of the clamp, whack the spare on and drive home, however they ended up as plating for his stock car....

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Been searching online, and it seems removing a DVLA clamp is a problem,

thats only if I removed it, if it was already off, then thats not my problem......

I called the company, and they want £250 to release it, STILL!!!
LOL
Told them i would send them an invoice for loss of earnings and storage on the clamp,
obviously i wont,il pop it down in a little while i think.....

is it actually a DVLA clamp though? have you checked with DVLA that the firm is authorised to act on their behalf?

could you prove you taxed before the clamp was fitted?

date stamp will be on the post office cash register.

date won't be the issue, it will be the time - although i'm sure there will be a way to trace a payment if the time is not on it.

As long as you never admit you took the clamp off, and there is no evidence to show you taking the clamp off.

I would imagine in court it would be impossible for them to charge you with anything
They would have to prove that you took it off.

Although then again, knowing our legal system, if a dog turd on the ground said you took it off, they'd probably take that as enough evidence

9.85 @ 145mph
202mph standing mile
speed didn't kill me, but taxation probably will

DVLA says

"When you apply for a tax disc online or by using our phone service you are able to legally continue to drive your vehicle for up to 5 days after the tax disc has expired while you wait for the new tax disc to arrive. This will only apply when you have applied for a new tax disc before the current one expires. You should continue to display the expired disc on your vehicle, until the new one arrives."

And

"The maximum penalty for failure to display a current tax disc is £200"

I read that as, you are only given 5 days from when your OLD tax disc EXPIRES as long as you applied for a new tax disc ON LINE or by PHONE, BEFORE the old tax disc expired. If you fail to display a current tax disc, or, in the situation above, fail to display an expired tax disc no more than 5 days old when you have applied for a new disc online or by phone, you are liable to a fine of £200.

If you applied for a new tax disc at the post office, then there is no real reason not to display it, and as far as I can see, whether it was a genuine mistake or not for it not to be on display, it's still a failure to display, it is for you to contest the fine and prove the the disc was applied to the windscreen in the correct manor and that the reason the tax disc was not on display, at the time the 'examiner' inspected the vehicle for current tax disc, was out of your control.

Anybody associated with the DVLA should have some sort of access to the DVLA system to prove that the licence has been applied and paid for. this stuff is all computerised these days. Its not rocket science. If you bought it at the post office, its on the system straight away.

You might also find that the clamping firm would have taken clear identifying pictures of the vehicle with the clamp fitted to prove that it was fitted and the vehicle was where they said it was. I know that they do when slapping you with parking fines, why would this be any different.

Personally if it was me, I would done the same in a way that did not damage the clamp or its lock, left it in the exact position where it was applied to the vehicle, then phone the company up and tell them that their equipment is where they left it. However, if they do not actualy go and collect it, you could be liable for theft of their property even if you no longer have it and left it where it was. You could find their local office, and leave it there. If it were me, i would buy another lock and chain it to one of their vehicles

Its a grey area, and they WILL get you on something however pedantic it might be.

Bottom line is a failure to display is a failure to display, whether clamping was appropriate or not is another matter, as is removing an 'official' government clamping divice. How official it actually is, depends on whether it was the decision of the DVLA, not the clamping company, and if the wording of the clamping notice states that there was no current tax, rather than a failure to display, i would be dubious.

I wouldnt do anything, dont give them you address or anything. Just wait for them to contact you.

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the reg is L174 KNA
and its still coming up as untaxed online........il get a pic of the disc....lol

Might be worth going back to the post office and making sure they did their bit right.

the on-line systems can sometimes take a bit of time to update; I remember we got stopped in a roadblock a few years back because the ANPR came up with no tax but the car had been taxed a few days earlier. The copper said it can take a few days for the system to update and let us on our way

i second what sprocket says, when they arrive to take the clamp, put one on their vehicle and say, "i cant take it off untill you pay me my loss of earnings"

Out of curiosity how much money do you think you lost?

And im sure there is a time stamp on card transactions, ive checked my online banking and its only got date, but if you go into the bank and ask for a printout of the transactions from the last 2 days from that card used im sure they will be able to get the time??

You could ask them for proof the car diddnt have tax? they might not have got a photo of it?

I bet they drove upto the car and diddnt get out their own van/car to have a closer look, lazy bastards, if they did have a proper look they must have seen a tax disc on the floor of your mini????

Don't you get a reciept when you tax your car at the post office? the post office usualy staples mine to the V11 form

Might be worth seeing if you can find it, if not there must be another way of finding out when it was taxed at the post office as they scan the bar code on the V11

yep, reciepts have the time and date on them + the rest :)

Failure to display is not a reason for them to clamp or tamper with your car in any way.

What they have done is vandalism or an attempt at criminal damage. Or plain and simple extortion through stupidity.

9.85 @ 145mph
202mph standing mile
speed didn't kill me, but taxation probably will

You should of got a receipt for the tax disc?

If you end up paying the fine, weigh the clamp in for scrap.

The way I see it your paying them to take the clamp off, if you've already done it and can prove it was taxed, they haven't got any way to makw you pay!

Have you spoken to citizens advise?

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1/4mile in 13.2sec @ 111 terminal on 15psi

Craig

my mini van http://www.turbominis.co.uk/forums/index.php?p=vt&tid=448248

could you not have avoided all this by simply putting the tax disc in the window where its supposed to go??

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