Car clamped in error - need urgent help

[Wishy Washy]

Re: Car clamped in error - need urgent help

Above is their photo to prove there is no tax disc on the car.

I promise there is, its in the top right hand corner.

Still need help people

[Guest]

Re: Car clamped in error - need urgent help

Compensation

http://www.dft.gov.uk/dvla/contactus...complaint.aspx

"There may be times when mistakes cause extra expense or financial loss. At these times you may wish to ask us to consider paying you compensation. As
we are funded by the Government, to protect public funds we must make sure we only pay justified claims. We usually need to see evidence to support your extra expense or financial loss. "

[Wishy Washy]

Re: Car clamped in error - need urgent help

Compensation


http://www.dft.gov.uk/dvla/contactus...complaint.aspx

"There may be times when mistakes cause extra expense or financial loss. At these times you may wish to ask us to consider paying you compensation. As
we are funded by the Government, to protect public funds we must make sure we only pay justified claims. We usually need to see evidence to support your extra expense or financial loss. "

Davy B - thanks so much, that's a superb discovery. There are justified expenses, and we have the bills. It was cheaper to rent a car than take taxis at either end of a train journey which was twice the price on its own.

Also, a really nice guy from the Car Pound has called to say the car is released and he'd called the Hotel to explain that it will be there for some days.

Unbelievably, he then suggested we check the Hotel CCTV as we drove in during daylight and will also be able to see if the tax disc was removed by a rogue clamper. (they still believe it wasn't on the windscreen)

We also have a photographer who says he may be able to develop the photograph for us. Its funny, with the photo blown up I can see it because I know its there, but they can't because they believe it isn't.

Thanks for help so far everyone, still would love to hear ideas and suggestions.

We are now trying to get quotes to get the car to Aberdeenshire, weighing up the best way.

[Hurricane Puffrose]

Re: Car clamped in error - need urgent help

this is where I may be able to help!

I am ex british rail staff, and I live 7 miles from Barnsley so I know the area backwards!!

where is your local train station? leave the rest to me let me know the best day for you to travel and I will find the best cheapest way for you to get there

you can go from Aberdeen to Meadowhall sheffield by coach, its about £25 single on the megabus, then cross to platform 4 i think for Barnsley which is about £5 and im not entirly sure of a cab from Barnsley to the services, but I will ask round here for a reputable company and see if we can get you a quote from both meadowhall and barnsley.

its incredibly difficult to get a recovery truck, unless the RAC are sympathetic?!? if you do find someone, can i know who they are as I need a flatbed too!!!

[Galahad]

Re: Car clamped in error - need urgent help

I'd be interested to know, what was the positioning of your car in relation to the hotel.

i.e. was the front of the car facing the hotel and right next to the hotel, so that for them to spot the tax disc, they'd actually have to get out the car , and walk to the front to photograph?

Or was the car facing outwards away from the hotel and they could easily see the front of the car.

I think it would be good to provide details of the hotel in question, get a Google Streetmap view of the hotel, hopefully showing the approximate location of where the car was parked.

The reason I ask is because when the Post Office scan your logbook, they do so because it then tells them the amount you need to pay, and they then also scan the new tax disc. These details are then sent to DVLA, and DVLA are instantly updated.

The point i'm making is, what methods did they use to ascertain that the car wasn't taxed? Why of all the cars in the car park was yours spotted? Was it because their ANPR system pinged it by scanning the reg?

When they clamp a car, they are supposed to take pictures of the vehicle in situ from MANY different angles with the ANPR system and keep a record.

You'll be wanting those for a start.

If the ANPR system didn't ping, why goto your car?

Again, your vehicle can be taxed, but, you can be guilty of a separate offence, i.e. failure to display a valid tax disc, which is completely different from not having tax at all. This would simply be a fine, they would use the ANPR to check its tax status, and if it shows as taxed, they can issue a fine, they are NOT supposed to clamp nor remove.

Finally, it could be that they are guilty of not following proper procedures, i.e. assuming they don't have a live data link to DVLA and download the data each day they go out, your car would indeed not show up, but, they would be required to contact DVLA to ascertain that its not slipped through the daily update before then taking enforcement action.

They are trying to cover their tracks, and its about time you found a new cause in life, will make you feel better, and get some justice.

Find out the answers to those questions, and get back to us, and lets start sticking it to 'em!

[Hurricane Puffrose]

Re: Car clamped in error - need urgent help

Hi,

if it helps, when we get the car on the road again (works on the damn thing) or if Hubby goes there on a drop, we will take photos of the car park for you, its the main hotel car park? Hubby is a truck driver and sometimes delivers to the hotel.

if we can get there, we will get you pics.

P

[ploddertom]

Re: Car clamped in error - need urgent help

The clampers ANPR system would not have been updated with such a short time between taxing it & being "caught", however he should have used the failsafe system of using his eyes & I agree he would not be the first to make sure the tax disc has "fallen off" or similar. Have you asked at the pound if the disc is on display?

[bluebottle]

Re: Car clamped in error - need urgent help

VEAS strike again! VEAS are part of Capita (no surprises for VEAS's incompetence) and have a history of unlawfully clamping and impounding vehicles. You need to send an email to the DVLA Wheelclamping Unit straight away. The email address is wheelclamping.complaints@dvla.gsi.gov.uk . This should result in DVLA at Swansea delivering a swift boot up the arse to VEAS as it is supposed to stop enforcement immediately.

I have checked and discovered that anyone owning an untaxed vehicle has to be now sent a warning letter, followed by a final warning letter, 14 calendar days AFTER the initial warning letter before enforcement action can be taken. VEAS are, therefore, in breach of procedure as well as the law.

Uness VEAS can prove they have acted lawfully, they could be guilty of Attempted Blackmail (Section 21, Theft Act 1968) and Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006). I would claim back every penny they have cost you in expense, plus inconvenience, plus damages for trespass to your vehicle.

I'm not saying that this will work, but I would point out to VEAS that delivering your car back to your home address at their expense will mitigate their liability for the claim you are going to hit them with. They have a duty, in law, as do you, to mitigate any loss. If you suffer further expense due to their intransigence and this ends up before a court, I cannot see a judge being very happy with their behaviour and I would not be surprised if they gave VEAS a hammering.

It might also be a good idea to write a strongly-worded letter of complaint to Simon Tse, the oaf who is supposed to be the CEO of DVLA, copying it to the Permanent Secretary at the Department for Transport and the Secretary of State for Transport.

The postal address for the DfT is -

Department for Transport
Great Minster House
33 Horseferry Road
London
SW1P 4DR

Also, you might like to sign the e-petition to get rid of VEAS (see my siggie below).

BB

[Guest]

Re: Car clamped in error - need urgent help

[QUOTE=bluebottle;268977
I have checked and discovered that anyone owning an untaxed vehicle has to be now sent a warning letter, followed by a final warning letter, 14 calendar days AFTER the initial warning letter before enforcement action can be taken. VEAS are, therefore, in breach of procedure as well as the law.

[/QUOTE]

Is there some authority that we could quote for this?

D

[Wishy Washy]

Re: Car clamped in error - need urgent help

this is where I may be able to help!

I am ex british rail staff, and I live 7 miles from Barnsley so I know the area backwards!!

where is your local train station? leave the rest to me let me know the best day for you to travel and I will find the best cheapest way for you to get there

you can go from Aberdeen to Meadowhall sheffield by coach, its about £25 single on the megabus, then cross to platform 4 i think for Barnsley which is about £5 and im not entirly sure of a cab from Barnsley to the services, but I will ask round here for a reputable company and see if we can get you a quote from both meadowhall and barnsley.

its incredibly difficult to get a recovery truck, unless the RAC are sympathetic?!? if you do find someone, can i know who they are as I need a flatbed too!!!

Thank you Puffrose.

The car was de clamped last night FOC. The best quote I've had so far for delivery is £286 + VAT for it to be driven here by BCA of all people.

We are full AA members, we called them on Saturday from the Hotel to see if their vans carried bolt cutters - they said yes, but they wouldn't attend!!

[bluebottle]

Re: Car clamped in error - need urgent help

The clampers ANPR system would not have been updated with such a short time between taxing it & being "caught", however he should have used the failsafe system of using his eyes & I agree he would not be the first to make sure the tax disc has "fallen off" or similar. Have you asked at the pound if the disc is on display?

If you will excuse the pun, PT, it sounds like VEAS realised, in the cold light of day, that the OP's vehicle was, in fact, taxed and a valid VEL was on display. Why else would they remove the clamp free of charge? I agree, entirely, with what you say in Post #22.

[bluebottle]

Re: Car clamped in error - need urgent help

Is there some authority that we could quote for this?

D

I will check and come back to you, Davyb.

Update: I've just spoken to DVLA about this. The letters are the V11 Reminder and a Warning Letter which DVLA send out which is, according to them, a "complimentary" service. My suspicion is there is something, somewhere that requires them to do this, otherwise, how can they justify the expense of printing V11s?

I have explained your situation to them and they have asked if you could send details of the incident and the expense VEAS have caused you and your wife to the email address in Post #23 to them and they will take it from there. The legislation that governs vehicle excise is the Vehicle Excise & Registration Act 1994 (as amended). Incidentally, if you renew your VEL online or over the telephone using DVLA's Electronic Vehicle Re-Licensing (EVL) Service, as long as you have carried out the transaction before midnight on the last day of your current VEL's "in force" period, you can use your vehicle on a public road for up to 5 working days after it expires. If the transaction takes place after midnight on the last day, the 5 working days' "grace period" does not apply.

You need to get onto DVLA about this straightaway. If they can force VEAS to deliver your car back to your home, all the better. If not, then you may have to fork out £286 + VAT and reclaim it. But you do need to deal with it today.

[Wishy Washy]

Re: Car clamped in error - need urgent help

I'd be interested to know, what was the positioning of your car in relation to the hotel.

i.e. was the front of the car facing the hotel and right next to the hotel, so that for them to spot the tax disc, they'd actually have to get out the car , and walk to the front to photograph?

Or was the car facing outwards away from the hotel and they could easily see the front of the car.

I think it would be good to provide details of the hotel in question, get a Google Streetmap view of the hotel, hopefully showing the approximate location of where the car was parked.

The reason I ask is because when the Post Office scan your logbook, they do so because it then tells them the amount you need to pay, and they then also scan the new tax disc. These details are then sent to DVLA, and DVLA are instantly updated.

The point i'm making is, what methods did they use to ascertain that the car wasn't taxed? Why of all the cars in the car park was yours spotted? Was it because their ANPR system pinged it by scanning the reg?

When they clamp a car, they are supposed to take pictures of the vehicle in situ from MANY different angles with the ANPR system and keep a record.

You'll be wanting those for a start.

If the ANPR system didn't ping, why goto your car?

Again, your vehicle can be taxed, but, you can be guilty of a separate offence, i.e. failure to display a valid tax disc, which is completely different from not having tax at all. This would simply be a fine, they would use the ANPR to check its tax status, and if it shows as taxed, they can issue a fine, they are NOT supposed to clamp nor remove.

Finally, it could be that they are guilty of not following proper procedures, i.e. assuming they don't have a live data link to DVLA and download the data each day they go out, your car would indeed not show up, but, they would be required to contact DVLA to ascertain that its not slipped through the daily update before then taking enforcement action.

They are trying to cover their tracks, and its about time you found a new cause in life, will make you feel better, and get some justice.

Find out the answers to those questions, and get back to us, and lets start sticking it to 'em!

Thank you Galahad.

The car is parked in one of 4 spaces by reception, facing the automatic doors, a long, long way from the road. I counted 48 hotel lights, they must have turned them off for the photo. The Night Porter is definitely in on it, and the Manager of the Pound used to work at the Hotel as a photographer at weddings. It all stinks, but how would they know my vehicle was supposedly registered as not taxed, unless the porter forwards every reg number staying at the hotel.

The VEAS Vans have number plate recognition, the pound said it was flagged from the main road, but there again, they also told me I was a liar for insisting it was taxed.

After insisting the car was not taxed, then admitting it was, they now insist the tax disc was not in the window, I promise you all it was.

My next step is to get the CCTV from the Hotel. This may prove difficult if they are in on it. Nevertheless, we drove in during daylight, hopefully we'll clearly see the tax disc and also see what went on at the time of clamping. I'm even thinking that having gone that far on what would be a wild goose chase once they've seen the tax disc, they've covered it up for the photo.

As an aside, VEAS say they can go onto Private property if it is open to the public. If gates or barriers are present, they have to get permission from the Landowner. That would be interesting me thinks - not many hotels own the land they are on!!

[Guest]

Re: Car clamped in error - need urgent help

The OPs vehicle was not on a public road so i am unsure if this applies but all matters involving vehicle licensing are in Vehicles Excise and Registration Act 1994.

The offence of using or keeping an un-licensed vehicle on a public road is s.29
The power to clamp un-licensed vehicles on a public road, and charge for the removal of the clamp is Schedule 2A.
The power to claim for the missing duty is s.30
The power to ask information is s.46.

D

[Wishy Washy]

Re: Car clamped in error - need urgent help

VEAS strike again! VEAS are part of Capita (no surprises for VEAS's incompetence) and have a history of unlawfully clamping and impounding vehicles. You need to send an email to the DVLA Wheelclamping Unit straight away. The email address is wheelclamping.complaints@dvla.gsi.gov.uk . This should result in DVLA at Swansea delivering a swift boot up the arse to VEAS as it is supposed to stop enforcement immediately.

I have checked and discovered that anyone owning an untaxed vehicle has to be now sent a warning letter, followed by a final warning letter, 14 calendar days AFTER the initial warning letter before enforcement action can be taken. VEAS are, therefore, in breach of procedure as well as the law.

Uness VEAS can prove they have acted lawfully, they could be guilty of Attempted Blackmail (Section 21, Theft Act 1968) and Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006). I would claim back every penny they have cost you in expense, plus inconvenience, plus damages for trespass to your vehicle.

I'm not saying that this will work, but I would point out to VEAS that delivering your car back to your home address at their expense will mitigate their liability for the claim you are going to hit them with. They have a duty, in law, as do you, to mitigate any loss. If you suffer further expense due to their intransigence and this ends up before a court, I cannot see a judge being very happy with their behaviour and I would not be surprised if they gave VEAS a hammering.

It might also be a good idea to write a strongly-worded letter of complaint to Simon Tse, the oaf who is supposed to be the CEO of DVLA, copying it to the Permanent Secretary at the Department for Transport and the Secretary of State for Transport.

The postal address for the DfT is -

Department for Transport
Great Minster House
33 Horseferry Road
London
SW1P 4DR

Also, you might like to sign the e-petition to get rid of VEAS (see my siggie below).

BB

Will definitely sign your petition bluebottle.

The 14 day letter was probably sent to the previous owner or the garage we bought it from.

The VEAS pound tell me they get a list every week of untaxed cars. That means there are a weeks worth of cars that have been taxed liable for these actions.

Surely as soon as you tax the car, the computer could inform VEAS.

Do they not have Broadband?