Advice On Car Being Clamped.

[saintpeter48]

Yesterday i had my car clamped outside of my home with a notification that it was untaxed, on going through my bank statements i have been paying a DD every month of £11.73, last monthly payment was on 1st August. The clamping company want £260 to release the car and then they say if they're wrong I can claim the money back.
Sure enough I checked the DVLA website and it shows my car as being untaxed, there is an administration problem somewhere, I have been paying money to the DVLA in all good faith every month, friends say I should get someone with a disc cutter to remove the clamp as the car has been clamped illegally, its the DVLA who are in the wrong and not me.
Any legal advice from anyone would be most welcome, thankyou.

[barry1010]

What is the name of the clamping company. Do not cut the clamp off

[ToraToraTora]

First you must find out why DVLA think it is not taxed. Has it been insured all along, when did the tax last expire? Has it had an MOT all along. What can happen is that when your tax year ends if the car is not insured and MOT'd the tax will not be valid.

[bhg481]

I think you would be pushing your luck cutting off the clamp; criminal damage. Your best bet is to ring the clamping company and tell them you can show them proof that you've been paying DVLA monthly and see what they come up with.

[bednobs]

are you sure you have been paying DVLA (and not, say, scammers?) what car do you have? Who does your DD go to?

[ToraToraTora]

Check here for when it thinks the tax expired.
https://vehicleenquiry.service.gov.uk/

[davebro]

I would be totally incensed - I would cut the effing clamp off and stick the bits up their arrises if they came to claim it. But that's just me!

[barry1010]

Then they'd either stick another clamp on or tow your car away, dave

[davebro]

I would move the car somewhere they couldn't find it.

[ToraToraTora]

I wouldn't cut it off. Just because you pay monthly it does not mean the car is taxed. Cars are not taxed monthly, they are taxed for 6 months or a year at a time. The monthly DD option is merely a convenience concession. I bet a pound to a penny the tax has expired and not been renewed due to insurance/MOT considerations. My link above will tell when the tax expired.

[barry1010]

You'd be flagged up on every NPR camera, dave. Done for criminal damage.

[JimF]

Dave,

You wouldn't cut the clamp off as they would do you for criminal damage.
You wouldn't assault them with it as they would do you for GBH / ABH.
How would you move the clamped car to somewhere where they couldn't find it?

[ToraToraTora]

People get angry over this sort of thing but 99 times out of 100 it's the car owner overlooking something.

[THECORBYLOON]

If it's unclamped with twenty-four hour, the fee is £100.

This link

https://www.cartaxenforcement.co.uk/

is from this Government website

https://www.gov.uk/get-a-clamped-or-impounded-vehicle-released

[saintpeter48]

It is fully insured and has a current MOT expiring in June 2023, the thing that worries me is that anyone can put any registration in the DVLA website and can find out what cars are taxed and what aren't, any scammer with a clamp could come along and clamp the car and ask for any amount of money, in this case £260 for its release.
The company who clamped mines website is cartaxenforcement.co.uk, i have no choice but pay the money then contest it.

[saintpeter48]

The release fee is £100 plus a surety fee of £160, whatever that is!

[THECORBYLOON]

Thst is the correct firm but I am wondering where the £260 release fee comes from.

The first link I posted shows the various charges.

[JimF]

https://www.cartaxenforcement.co.uk/Default.aspx

[JimF]

"You must pay a surety fee (deposit) if you do not tax the vehicle before you get it released. The surety fee (deposit) will also need to be paid if you intend to keep the vehicle on SORN or make a SORN."

[ToraToraTora]

14:01, ok what does it say here for tax expiry date:
https://vehicleenquiry.service.gov.uk/