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AIBU?

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Original poster

Car has been clamped

151 replies

Cocksandrubbers · 17/01/2017 09:10

I bought a car last night which my friend bought round for me, I've got up this morning to tax it so I can drive it as I've looked out the window it is being clamped for being untaxed. I ran out of the house to find out what was happening and told them I had just bought it and am taxing it I have proof of purchase plus email from dvla to show it's taxed but they are refusing to remove the clamp unless I pay £100 for it only being on 11 mins.
Is there anything I can do? I've had to get my mum to take dcs to school and there's no way I can get to work

OP posts:
whatsthecomingoverthehill · 17/01/2017 10:34

Can you say where you live OP?

PurpleMinionMummy · 17/01/2017 10:35

Are you sure it's been clamped for being untaxed?

It's really unlucky that the car was dropped off last night then clamped this morning. Either just really really unlucky or the person who sold it to you knows it's not taxed and told them exactly when and where to find it....is she trustworthy?

Did the change of ownership also get done online? If you owned it when it was clamped you would be liable unfortunately. It needs to be taxed to park it on a public highway, not just for you to actually drive it.

whatsthecomingoverthehill · 17/01/2017 10:35

I guess it doesn't matter how long it has been untaxed for. If they are driving around with ANPR they just get a ping if they happen to go past an untaxed vehicle.

GilMartin · 17/01/2017 10:41

Redcorn are authorised agent who perform clamping and removal of untaxed and abandoned vehicles on behalf of the DVLA.

None of this adds up though op. Your friend must have left the car untaxed for a considerable period before selling it to you, the timescales are too tight. However, it doesn't explain how they knew the car was outside your house.

Original poster
Cocksandrubbers · 17/01/2017 10:43

Yes she's my best friend who I've known for 25 years, I can't get hold of her atm as she's at work so I can't find out how long she had it untaxed for but I do know she paid decembers.

If I have to pay it I will buy as I've said as it's a new ownership should it not be illegal?

OP posts:
Original poster
Cocksandrubbers · 17/01/2017 10:45

gil I'm not saying they aren't a reputable company and they just happens to be driving round looking for vehicles and it has shown on their system.

OP posts:
Hoppinggreen · 17/01/2017 10:47

I've reported cars dumped near me and they were untaxed apparently, it took them as very a week from being reported to being clamped.
I believe what you say OP but either your friend is not telling you something or you've been really really unlucky.

Thingvellir · 17/01/2017 10:47

Based on the posts above, I think it most likely the car must have been untaxed for January so think your friend should be paying the clamping fine.

As the clamping company is legitimately working on behalf of the DVLA then unless you can prove you'd bought the tax in the minutes before they clamped, I think they must be paid

Lunde · 17/01/2017 10:48

The car needs to be taxed even when parked on the street.

It sounds like your friend did not have tax when she left it at your house.

LIZS · 17/01/2017 10:48

You'd probably have to pay it and appeal.

Vango · 17/01/2017 10:48

It's probably not been taxed for January, but presumably it is now if you've done it this morning? I'd try the DVLA again and explain apologetically. They were hugely helpful to me (and I got the impression it was because I was nice to them - I imagine most of their clamped callers aren't!).

Femski · 17/01/2017 10:48

Long gone are the days when you could stick a "tax in the post" note in the window... What happened to a little bit of grace and a warning..? Totalitarian if you ask me, nothing fair about that cop...

PurpleMinionMummy · 17/01/2017 10:56

When did you officially take ownership of the car?

dailyshite · 17/01/2017 11:01

I suppose the crux would be, when does the transfer of ownership happen? If your friend completed the form with yesterday's date then it's your car and you are liable.

If she hasn't filled it in yet, its still hers and she would be liable.

Either way, I think it's just shit luck as neither of you have done anything wrong, except do everything very informally. I guess it's lesson learned in that you need to dot all the 'i's and cross all the 't's in advance next time. I'm sorry if that sounds patronising, we got stung last year by getting involved in a car purchase and being prepared to give everyone the benefit of the doubt and be very informal about everything - so I know how frustrating it is.

dailyshite · 17/01/2017 11:01

Haha! Purple - cross posted!

CheerfullyIndifferent · 17/01/2017 11:02

This is how I read this thread:

  • Car was bought from friend yesterday
  • Friend transferred the car online
  • Transfer can only be done 7am to 7pm, therefore she must have transferred before 7 last night or after 7 this morning
  • When she transferred, any tax she paid immediately becomes void

So what I'm guessing is that they drove past, car flagged as not taxed and they clamped it. I think LIZS is probably right, you could contact the company to see if there's anything you can do or if they have any information you don't know, but most likely you'll have to pay and appeal.

Thingvellir · 17/01/2017 11:04

I think it's just shit luck as neither of you have done anything wrong, except do everything very informally

Actually if the friend didn't pay tax in Jan and also didn't SORN the car, she has done something wrong. OP allowing the car to be parked in the public road overnight has also done something wrong, but less so than the friend

Original poster
Cocksandrubbers · 17/01/2017 11:06

Officially this morning when I picked up the keys greenslip off the mat. I done the dcs breakfast changed my insurance as it's all done online then went onto do the tax, opened the curtains that's when I saw them all the while with the phone in my hand on the dvla website taxing it.

OP posts:
Thingvellir · 17/01/2017 11:08

Or, what cheerfully said - - Transfer can only be done 7am to 7pm, therefore she must have transferred before 7 last night or after 7 this morning

If this is the case friend hasn't done anything wrong and yes OP has has truly shit luck that the van drove past this morning!

Sundance01 · 17/01/2017 11:09

Yes you broke the law by not taxing it last night and leaving it on the road. But this is an extremely excessive and over handed interpretation of the law and you have every right to be extremely angry.

My guess would be you have just been unlucky and a random check by passing official would just have shown it as not taxed with no details on how long etc etc. I would be worried that it is not insured as well and you could be facing further problems

You will probably have to pay the fine - technically you are in the wrong and you will be one small individual trying to fight the whole government and state and you will lose. But morally this is unfair and a arbitrary justice system without some fairness in it is equally wrong.

Be angry - you Have a right to be.

dailyshite · 17/01/2017 11:11

Have I missed something? Where does it say that the friend hasn't paid tax? I think it was just people suggesting that it must have been untaxed for a while in order to be picked up - which has since been proved not to be the case. So it is just an assumption.

My interpretation is the same as Cheerfully's - Friend transferred ownership last night so just cancelled tax - no need to SORN as she has sold it. OP registered ownership today (we think) and taxed it today - if DVLA tax from midnight last night, she is sorted and clamping company need to remove clamp for free. If it's taxed from midnight tonight, then OP is liable but not because she has wilfully (and perhaps that was the word missing from my other post) done something wrong, just a mistake.

dailyshite · 17/01/2017 11:12

OP have you found out from DVLA if you are taxed from midnight last night or tonight? That is what is going to make a difference.

enfru · 17/01/2017 11:20

When you picked the keys up off the mat is not when the car officially changed hands- when your friend notified the DVLA that she had sold the car is when it was made official.
You said she dropped the car round while you were asleep so, assuming you weren't in bed at 7, she either made the DVLA aware online hours before giving you the car or she did it after dropping the car off which means the DVLA wouldn't have known about it this morning.
I still think it's highly likely she knew she was selling the car so didn't pay January's tax.

clumsyduck · 17/01/2017 11:21

This happened to me Sad youl just have to pay my u detests ding with the new rules is tax is non transferable so soon as its in your name the old tax is void so it's been sat there all night and a van has gone past and its flashed up with no tax . Unlucky to be caught so quickly same as I was but unfortunately it's a black and white issue . I don't see what your friend has done wrong ??

clumsyduck · 17/01/2017 11:22

Wtf ? *my understanding I meant

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