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Traders watch out DVLA are about

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  • Traders watch out DVLA are about

    Think putting a car into trade absolves you of any problems from the DVLA? Think again!

    The DVLA are exploiting to the fullest, the SORN/Continuous Licensing introduction with full vigour, and they are taking vehicles you simply wouldn't expect.

    They are currently in the South West of England right now, in the Bath/Bristol area, and they are only going to make this more widespread as it will pay them big money to do it before Government realises they've cocked up.

    New rules introduced in 2004 stated that if you're not taxing your vehicle, it has to be declared SORN.

    Recently, they also introduced rules stating that if the vehicle wasn't declared SORN, then it has to be insured.

    Sounds great in principle, but what about Traders?

    Filling out Section 9 of the V5C/3 Logbook (i.e. the yellow section) does NOT exempt you from the DVLA being able to take your car!!!!

    Think i'm joking? Tell that to several traders near Bath that have had cars clamped and then removed.

    The DVLA have subcontracted a company to go around in a new Transit, which has cameras on each corner of the roof. Allegedly they also have sound recording equipment that can work upto a range of 20metres or so from the van, so anything you say is recorded, so if you're trying to give someone a headsup to move a car, its on record, and obviously if you threaten the drivers/enforcement officers, they've got that down as well.

    But herein lies the problem.

    If you collect a vehicle from a customer that you've just bought that is on a SORN, the second the DVLA receive the yellow part of the logbook, that SORN is now NULL AND VOID.

    The trader cannot and is not supposed to declare SORN, because they are not the registered keeper of the vehicle.

    If the vehicle is still taxed, you don't have a problem, but if it isn't taxed, then you do.

    So, you have a vehicle that is untaxed and now cannot be SORNed, so I asked the enforcement guy, "so technically you can still take the vehicle?" and he said "yes".

    If its on a public highway.....they'll take it (people only have themselves to blame in that situation)

    If its being worked on, they won't take it..... however.

    If its on the work premises and has been in trade for what they perceive as a long duration and doesn't appear to be worked on.... they can take it!

    If the vehicle is off the road but in a public car park or communal car park and isn't taxed or SORNed, they can take it!!

    If the vehicle is on the driveway of a private dwelling (i.e. a house) and registered to that address, they can't take it!!

    A vehicle also attracts their attention if from the date of expiry of the last tax disc (2months and 1 day from expiry), it hasn't been retaxed or SORNed, they can take it!!

    A couple of local garages that have had customers cars, a couple of the cars were taken because they were working on other vehicles, and the DVLA basically said "you've got 5 cars here but only two are being worked on" so they took the others!!

    You think i'm kidding? I asked a Police Officer on the legalities of cars being in trade, and he directed me to speak to the DVLA guy, "he'll know more of the ins and outs" he said......... which pretty much means the Police will give the DVLA Carte Blanche to do what they like, irrespective of whether or not its right or proper or legal.

    Secondly, the DVLA guy was good enough to tell me that its down to his "reasonable discretion", which can largely mean anything.

    I gave him the example of a massive car sales place that has 200 cars that are all in trade.

    He tried to claim that DVLA wouldn't touch vehicles for a period of 6 weeks, and then they would expect the car to now be out of trade and put into someones name.

    I said to him thats ridiculous, because it is entirely conceivable that a trader can legitimately have a car hanging around for a long duration unsold, and now you are insisting that the trader has to devalue the car by adding himself as an owner, just because he couldn't sell it quickly enough?!?!?

    So, the upshot is, that lots more legitimate traders are going to lose some of their cars, through no fault of their own via a system that doesn't allow them the ability to escape without punishment.

    Watch out chaps, if in doubt, keep them out of sight, he did say that he wouldn't be making a point to go into premises to seize vehicles, but did try to claim he could certainly do it.

    Read more: http://retrorides.proboards.com/inde...#ixzz1pHZst3p4

    Please get the word out, this is NOT BS, its not some silly circular campaign, this is happening now, don't let it happen to you or someone you know.
    Tags: None

  • #2
    Re: Traders watch out DVLA are about

    Galahad,

    I'm going to check out the relevant legislation. What you have posted and what is on other websites doesn't make legal sense. It is almost as if DVLA are giving a private contractor carte blanche to go around seizing vehicles in order to rip-off the taxpayer with what appears to be complete impunity.

    BB
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Traders watch out DVLA are about

      Right. Just come off the phone to DVLA themselves. They know nothing about their contractor - Vehicle Enforcement & Allied Services Ltd - going around the Bristol/Bath area seizing vehicles from garages or motor dealers' forecourts. The guy I spoke to informed me that if a vehicle is transferred to a motor dealer, as long as the vehicle is kept on the motor dealer's own private land and not on the public highway, it does not require to be taxed or SORNed as the vehicle does not get registered to the dealer. Also, most, if not all, motor dealers and garages hold trade plates for road testing vehicles. Trade plates are issued by DVLA and, therefore, most, if not all, motor dealers and garages are registered with DVLA and VOSA, if they carry out MOT Tests.

      If the contractor is going around seizing and clamping vehicles that are on a dealer's forecourt or at a garage, the clamping and seizures are unlawful, if not, illegal. The reaction from the police is understandable as they do not normally get involved in enforcement, other than if they stop or spot a vehicle with an invalid VEL or no VEL.

      Galahad... could you find out how reliable the information you have posted is, please, as it would appear someone, somewhere is being malicious or causing unnecessary anxiety to motor dealers, garage-owners and motorists.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Traders watch out DVLA are about

        Originally posted by bluebottle View Post
        Right. Just come off the phone to DVLA themselves. They know nothing about their contractor - Vehicle Enforcement & Allied Services Ltd - going around the Bristol/Bath area seizing vehicles from garages or motor dealers' forecourts. The guy I spoke to informed me that if a vehicle is transferred to a motor dealer, as long as the vehicle is kept on the motor dealer's own private land and not on the public highway, it does not require to be taxed or SORNed as the vehicle does not get registered to the dealer. Also, most, if not all, motor dealers and garages hold trade plates for road testing vehicles. Trade plates are issued by DVLA and, therefore, most, if not all, motor dealers and garages are registered with DVLA and VOSA, if they carry out MOT Tests.

        If the contractor is going around seizing and clamping vehicles that are on a dealer's forecourt or at a garage, the clamping and seizures are unlawful, if not, illegal. The reaction from the police is understandable as they do not normally get involved in enforcement, other than if they stop or spot a vehicle with an invalid VEL or no VEL.

        Galahad... could you find out how reliable the information you have posted is, please, as it would appear someone, somewhere is being malicious or causing unnecessary anxiety to motor dealers, garage-owners and motorists.
        That I wish it were malicious!

        I've witnessed it for myself, and know of (figure could be higher) of three garages in the Radstock/Midsomer Norton area that have had vehicles taken.

        This company is not working for themselves with the DVLA's knowledge, the DVLA fully know who and what they are, they are merely subcontracted to do the work, so in essence, they are DVLA to all intents and purposes.

        I've since found out that what they are doing is stretching the definition of 'private land' with regards garages and motor traders.

        The enforcement officer expects the land that the cars are stored on to be attached to the premises in some fashion.

        If there is a dispute about whether or not they consider the land to be a part of the premises or not, they WILL goto the Land Registry to check on the status of the land where the vehicles are parked, if the land is shared amongst more than one business, then they consider that communal parking and for whatever reason they can figure, if its communal, its not for the sole use of the garage, then they will take the vehicles.

        This land is not public, its off the highway, but they state that as its communal for not just that one garage, they can seize.... and they did!

        I was the one who had the chat with the DVLA enforcement officer, and when I pointed out that my car parking facilities were not attached to my premises, he could only advise me to signage the cars inside to say who they belonged to, because as the van has to take 12 pictures of the vehicle in situ, he would have to justify why it was he took a vehicle that was clearly marked up.

        His other advice was to simply put all the vehicles inside my premises as they would be out of sight and he wouldn't be seeking to enter premises to go and look for them!

        The only reason they didn't take more cars from the same site is because they were working on them, otherwise they would have taken those as well.

        The DVLA's scheme is to hit as many trading estates and garages as they can quickly, before word gets out what they are doing and everyone stashes the vehicles out of sight.

        As a precaution, we now duct tape any customers vehicles that don't have tax on them, because we can't afford for those vehicles to be taken away.

        As for the DVLA not being aware that one of their own departments is seizing from the motor trade, that doesn't surprise me, but I can assure you, they have been, and occasionaly have the Police there to back them up should it not go the way they intended.

        Comment


        • #5
          Re: Traders watch out DVLA are about

          Thanks for that, Galahad. I can assure you that the "DVLA enforcement officers" are not DVLA employees and are acting illegally. I have checked this with DVLA themselves. We had a problem in the Plymouth area with NSL employees not producing ID when challenged. The local police were not impressed. The traders who have been hit by these cowboys need to chase this up with DVLA directly, not the clowns you refer to who dress up in DVLA uniforms. As for Avon & Somerset Police, I won't make any comment. DVLA need to be told immediately and clamps put on their contractor's activities. Also, the contractor should not be taking vehicles on private land. They are acting illegally by doing so.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Traders watch out DVLA are about

            Well, I've sent three emails to DVLA.

            The first one they successfully didn't answer any of the questions I posed.

            So I rewrote it, and this time they did answer correctly, which was why I then sent them a followup about why are they taking vehicles from motor traders with cars that were in trade from private land, and they've yet to respond to that one..... I didn't think they'd be so prompt this time!

            From what this guy was telling me, it is down to his 'reasonable discretion' which I interpreted as 'can I get away with this', and his 'reasonable discretion' is far too powerful.

            Comment


            • #7
              Re: Traders watch out DVLA are about

              This is scary, innit ? Sure - the DVLA is not known for its co-ordination, or even for 'joined-up thinking.' My guess is that some clever jerk worked this out for himself, and then persuaded another clever jerk at the DVLA to get the 'go-ahead' from an even cleverer jerk further up the food-chain.

              I think an 'official' Freedom of Information request would be appropriate here, wouldn't it ? It sure seems to need nailing down in writing - and formally.

              The law that these guys are saying allows this must surely be a VERY grey area. It basically allows DVLA to impound - and presumably crush - the vintage John Deere tractor which I am theoretically working on restoring - simply because the land that it stands on is jointly-owned by a farmer who shares my interest. Utterly ridiculous, IMHO.

              Having said that, we lived on a caravan park for a year when we first moved here to Scotland. The park owner's son used to drive a tractor on the site, and then started using the site as a 'training ground' for himself, as he was learning to drive. So - we had the occasional few circuits of an untaxed and uninsured Vauxhall Nova, piloted by himself at increasing speed as the day wore on. He (and his Dad, presumably) were convinced that this was OK., as the land was privately-owned.

              I gently pointed out that this land - although private - was accessed by the public, by implied invitation. Sure - Road Tax was not in question. But, if the car being driven had crashed into someone's caravan - or, even worse, had harmed any of the site's users - then there could be a BIG problem with third-party insurance. A grey area for most of us, I guess, but I suspect the law is not so grey.

              I wonder if this is what these scammers are exploiting ? But sure - this is where 'trade plates' should give cover, isn't it ?
              Last edited by Bill-K; 18th March 2012, 22:26:PM. Reason: speling

              Comment


              • #8
                Re: Traders watch out DVLA are about

                Hi

                I believe that that cars can be clamped if they were on land that was not assosiated with a private dwelling and not taxed or under sorn. So notwithstanding the special dispensation for traders the cars coud be siezed.

                Peter
                ------------------------------- merged -------------------------------
                Hi Sorry to clarify above

                Clause 139 and Schedule 45 amend Section 29, Section 30 and Schedule 2A of VERA so as to permit enforcement of VED on vehicles parked off the public road except in places that are intrinsically part of a private dwelling or where a Statutory Off Road Notification has been made
                Last edited by Mr.Peterbard; 18th March 2012, 22:20:PM. Reason: Automerged Doublepost

                Comment


                • #9
                  Re: Traders watch out DVLA are about

                  Originally posted by Mr.Peterbard View Post
                  Hi Sorry to clarify above

                  Clause 139 and Schedule 45 amend Section 29, Section 30 and Schedule 2A of VERA so as to permit enforcement of VED on vehicles parked off the public road except in places that are intrinsically part of a private dwelling or where a Statutory Off Road Notification has been made
                  Please don't apologise for clarity, Mr P - it's good currency here IMHO. Me - I was the one being vague !!!

                  Comment


                  • #10
                    Re: Traders watch out DVLA are about

                    Originally posted by Bill-K View Post
                    Please don't apologise for clarity, Mr P - it's good currency here IMHO. Me - I was the one being vague !!!
                    Hi Bill
                    I think the whole thing is a bit vague.
                    If it is on you drive it would b e exempt but what if it was in a space owned by you over the roead?
                    Not intrinsically part of your dwelling they could argue.

                    Peter

                    Comment


                    • #11
                      Re: Traders watch out DVLA are about

                      Indeed so, Mr.P - and it sure as hell needs clarifying, I reckon. The DVLA are descending into bailiff-land, it seems.

                      Comment


                      • #12
                        Re: Traders watch out DVLA are about

                        Originally posted by Mr.Peterbard View Post
                        Hi Bill
                        I think the whole thing is a bit vague.
                        If it is on you drive it would b e exempt but what if it was in a space owned by you over the roead?
                        Not intrinsically part of your dwelling they could argue.

                        Peter
                        Hi Peter,

                        I have checked this quickly and a car can be seized if it is standing on the driveway/hardstanding of a private dwelling and does not have a valid SORN in force. Motor traders, on the other hand, are a different kettle of fish and I am looking into this. My gut feeling is that the clowns Galahad describes are extracting the yellow stuff and may well be acting ultra vires, in which case, the police could seize their shiny new Transit van and tow trucks. Reason? Suspicion of being used in the commission of a criminal offence (Fraud by False Misrepresentation/Theft). I'm going to contact the DVLA Wheelclamping Unit at Swansea, later this morning, and find out what the hell is going on. I've looked through VERA and can't find any provision that entitles a DVLA contractor to seize vehicles in the stock of a motor trader. I'll post up what DVLA have to say.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Traders watch out DVLA are about

                          Originally posted by bluebottle View Post
                          Hi Peter,

                          I have checked this quickly and a car can be seized if it is standing on the driveway/hardstanding of a private dwelling and does not have a valid SORN in force.
                          I can grasp the idea that that a car must be EITHER taxed, SORN'ed, or legally declared as no longer existent. I can grasp the idea that it must indeed be 'off the road,' if it is SORN'ed. I just can't grasp the idea that it can be seized if it is 'off the road,' but not SORN'ed. OK - fine the fecker. Just like we can be fined for NOT displaying a tax disc, even if we HAVE actually paid the Road Tax. I can live with that. But - towing a vehicle off of private land and impounding it for failing to contact DVLA about its status ? THAT is what scares me. No tax was due.

                          I used to sell ice-creams to kidz for a living. I've still got a huge chest freezer in my shed for storing stock. The local Environmental Health guys used to check it for EH compliance. They don't anymore, because I'm no longer selling ices to bratz. It is NO LONGER ANY OF THEIR BUSINESS what I have in my shed. So - likewise - I feel the same way about the rusting old banger on my drive, or the filthy tractor in my farmer mate's barn.

                          Where is the line to be drawn here ? I fear that it is perhaps being stealthily re-drawn. Me no likeeee.

                          Motor traders, on the other hand, are a different kettle of fish and I am looking into this. My gut feeling is that the clowns Galahad describes are extracting the yellow stuff and may well be acting ultra vires, in which case, the police could seize their shiny new Transit van and tow trucks. Reason? Suspicion of being used in the commission of a criminal offence (Fraud by False Misrepresentation/Theft).
                          Yet, they seem to be doing sod all, BB. Is this the Police we are now finding ourselves consenting to ? I sure as hell wouldn't like to find myself in some fascist state that exists simply because I didn't object to it putting its foot in the door years ago.

                          This surely needs checking out.

                          Cometh the hour. Cometh the man.


                          I'm going to contact the DVLA Wheelclamping Unit at Swansea, later this morning, and find out what the hell is going on. I've looked through VERA and can't find any provision that entitles a DVLA contractor to seize vehicles in the stock of a motor trader. I'll post up what DVLA have to say.
                          Go for it, guv'nor. It needs sorting, I reckon.
                          Last edited by Bill-K; 19th March 2012, 01:36:AM.

                          Comment


                          • #14
                            Re: Traders watch out DVLA are about

                            I wonder what they class as an "intrinsic part of a private dwelling" then, if it can be towed off your drive?

                            Your living room?

                            Peter

                            Comment


                            • #15
                              Re: Traders watch out DVLA are about

                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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