Car clamped in error - need urgent help

[Hurricane Puffrose]

Re: Car clamped in error - need urgent help

http://www.bluelinetaxisbarnsley.co.uk/

im told they are a good, reliable taxi firm, I go everywhere by bus normally..
Big sis rang me, and I asked her she said roughly £10 but they will quote you over the phone.

[Wishy Washy]

Re: Car clamped in error - need urgent help

Thanks Puffrose, you are a Diamond.

Actually we called a taxi when it first happened but sent them away thinking there would be an easy solution.

The Barnsley taxi driver was very kind - sympathy and no charge

[Hurricane Puffrose]

Re: Car clamped in error - need urgent help

yorkshire folk aint bad *ducks the slaps from Turbo and Teaboy* gotta be nice about them seeing as I'm surrounded

[Wishy Washy]

Re: Car clamped in error - need urgent help

yorkshire folk aint bad *ducks the slaps from Turbo and Teaboy* gotta be nice about them seeing as I'm surrounded

An update.

My car has been removed from the Hotel by sympathetic relatives who worked out they were only an hour away. The car is now safely on their driveway, and I'm going down to collect it this week, and I pray it hasn't been damaged by suitcases, doors caught in the wind, etc as the car park spaces were pretty tight.

There have been some amazing disclosures regarding how these things can happen, including a credit card sized machine now given to operators of public or private parking. Apparently this can tell if a car is untaxed and uninsured just by entering the reg number.... these are completely unqualified people, car park operatives. They do it for a commission. Really. This was told to my father by his local postmistress when he went to tax his car. She also confirmed DVLA - Post Office Communications were disrupted by the terrible weather the day we taxed and travelled.

I'm pretty sure I know the whole story to how the car was illegally clamped, I'll let you all in on it when I have more evidence.

Needless to say, the DVLA website complaints section doesn't work - no matter how quick you are at filling it all in, it times out before you can send your report.

So, along with the customer services phoneline which just leaves you a pre recording, you cannot contact the DVLA at all right now except by letter..

Maybe the email gateway is just too busy to handle the traffic, I have a feeling they are being over run by complaints.

It just gets you more and more annoyed. By the time I get the car back they will have caused £350 worth of costs and cost us the sale of our old car.

[Bill-K]

Re: Car clamped in error - need urgent help

WW, this may well be a new area for the LB guys to look into. It sure seems like yet another can of worms to me.

FWIW, these "Contact Us" message boxes are another scam. We only get a tiny amount of text space - and we get a 'timeout.'

This needs sorting, IMHO. It's another p1$$-take.

[Hurricane Puffrose]

Re: Car clamped in error - need urgent help

I am SO!!! glad you posted its been moved WW, hubby rang me from the service station frantic, THE CARS GONE!!

He has taken a couple of pics and as soon as hes uploaded them to his comp I can post them up.

I was wondering how to tell you that the car had been pinched, thank goodness i jumped to the wrong conclusion!

[Wishy Washy]

Re: Car clamped in error - need urgent help

Latest Update regarding Cowboys and Liars at VEAS

Car is back home now, I got back yesterday.

Regarding Damage - how right you all were - the drivers indicator glass in the mirror is smashed...... Clampers retribution or careless customers at the Hotel, or Hotel Staff - who knows? At least we have photos from the garage we bought it from to show it wasn't broken when we bought it, but fat chance of anything back.

VEAS have written back stating that we are liars, the car is STILL NOT SHOWN AS TAXED on the DVLA website, and that we obviously didn't have the tax disc in the windscreen as their clampers are absolute Saints who would never ever tell untruths. Oh, and a two page lecture regarding our responsibilities.

This has really pushed the Mrs over the edge, I think she wants to contact Watchdog as they have been stuck into the DVLA in the past, I'd like an apology and our costs refunded.

We have called the Hotel again, they say the CCTV is still in existence. I'm not mentioning which part I want to see in case that part disappears conveniently. Their General Manager says they've never been involved in anything like this. She says her night porter knew nothing of what went on, how strange -the VEAS clampers reckoned he was by the car while it was being clamped as he is a witness to there being no tax disc being on display. Isn't it amazing we are being accused of being liars when they are continuing to tell different stories from each other.

Wouldn't it be nice to afford a lawyer or solicitor, but we just can't.

Thanks for going down Puffrose's Hubby, yes our relatives removed it and I collected it from them on Friday. Sorry if it was a wasted journey.

At least we can decide which car to keep now, we had to re-tax our old Jeep and the people who were buying it bought something else.

[miliitant]

Re: Car clamped in error - need urgent help

Wouldn't it be nice to afford a lawyer or solicitor, but we just can't.

i believe the first 30 minutes talking to a solicitor is free


go for it and put the boot on the other foot against these bullies

[bluebottle]

Re: Car clamped in error - need urgent help

In the first instance, write to the CEO at DVLA, Simon Tse, copying the letter to his bosses, the Permanent Secretary at the DfT and the Secretary of State for Transport, send the letters by Recorded Delivery.

The postal address for the Dft is -

Permanent Secretary/Secretary of State for Transport
Department for Transport
Great Minster House
33 Horseferry Road
London
SW1P 4DR

The postal address for Simon Tse's office is -

Mr Simon Tse
Chief Executive Officer
Driver & Vehicle Licensing Agency
Longview Road
Swansea
SA6 7JL

Again, send this letter by Recorded Delivery.

[seduraed]

Re: Car clamped in error - need urgent help

Have you checkedeither your home insurance policy or your motor policy they quiote often have legal expenses insurance attached .

[bluebottle]

Re: Car clamped in error - need urgent help

Have you checkedeither your home insurance policy or your motor policy they quiote often have legal expenses insurance attached .

A number of home contents insurers provide cover for consumer contract disputes. I am not aware of them covering disputes involving a private company acting on behalf of a government department. I have been advising those having problems with DVLA's enforcement contractor to complain to Simon Tse, CEO at DVLA, copying the letter to the Permanent Secretary at the DfT and the Secretary of State for Transport. The current enforcement contractor, Vehicle Enforcement & Allied Services (VEAS), a subsidiary of Capita PLC, has been involved in a number of incidents involving clamping and impounding of vehicles in contravention of the applicable legislation. There is an e-petition on DirectGov to return enforcement to the DVLA, using in-house staff, instead of private sector contractors.

[CleverClogs]

Re: Car clamped in error - need urgent help

Presumably, the car park was in total darkness, then ? ...as a tax disc can be read in street lighting. If it was in total darkness, and they had NO means of establishing if a tax disc was being displayed, then why didn't they clamp every other car in the car park ?

More to the point, how could they see clearly enough to fit the clamp?

Are they man-bats and do they use echo-location?

[Wishy Washy]

Re: Car clamped in error - need urgent help

I'm pretty sure they saw the tax disc. In my opinion this is what happened.

1. At the Hotel Reception our check in slip was printed with the wrong reg number showing. (we didn't take much notice, probably the reg number of the previous car from the last time we stayed there)
2. The Mrs altered it with biro on the top copy.
3. The receptionist was very busy, I don't think he altered it on their computer.
4. The night Porter saw our car by the door, the number plate didn't tie up with any he had recorded on his computer.
5. He called the Clampers, they found that, according to the DVLA computer, the car was not taxed and had not been so since February.
6. Having driven from Sheffield to Barnsley, nothing was going to stop them clamping the car, tax disc or no tax disc.
7. They presumed it would be sorted out in the morning, not knowing our time scale of checking out late leaving us only an hour to plead with similar idiots at their payment offices and compound.
8. The fact the Compound Manager had worked at the Hotel in any capacity is another link.

[Hurricane Puffrose]

Re: Car clamped in error - need urgent help

Latest Update regarding Cowboys and Liars at VEAS


Thanks for going down Puffrose's Hubby, yes our relatives removed it and I collected it from them on Friday. Sorry if it was a wasted journey.

Hey WW,
your more than welcome, and no it wasnt a wasted journey hun, he had just put in a new belt of some sort to the car and said it was a great test run
Just glad we have it sorted.. now lets get the buggers

[Novocaine]

Re: Car clamped in error - need urgent help

Thank you Galahad.

... 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.

WishyWashy,

Your post is a year old. What happened?

I only ask as it happened to me (different circumstances though) and I will be taking it to the Small Claims Court for compensation.


A few comments:

1. Burden of proof

Re '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.'

In my opinion you are missing the point here. The burden of proof is on VEAS, not on you. They allege:
1. The car was untaxed
2. Road tax was not displayed

They have admitted they were wrong on '1'.

The critical thing is that they have to prove '2'. I get the impression from what you say that their photos are not clear. They must be for VEAS to prove its case - or, more to the point, to defend itself in a claim for damages brought by you. (Because lawsuits are never 100% certain, be aware that a judge could believe them over you, even without any photographs, but I'd be terribly surprised if he/she did).

CCTV showing the road tax in the windscreen would be great, of course. I'm just saying that if you can't get it, it's not the end of the world as the burden of proof is on VEAS.

2. Small Claims Court.

I'd take it to the Small Claims Court. I believe that you have 6 years less one day to start a claim but it is unwise to leave it that long due to fading memories. Keep all receipts.

Add interest at 8% per annum (you must plead this on your County Court Claim Form)

3. Cutting clamp off

I know this is water under the bridge but, in case someone else is in your position now and is reading this, don't cut the clamp off. It is both criminal damage and a separate criminal offence under the legislation that VEAS relies on when clamping you. You don't want the stress (or a conviction). The police will be all over you like a rash.

My guess is that VEAS would like you to cut the clamp off as it shifts the story from what they did onto what you did.

4. Don't take my word for any of what I say. I may be wrong. This isn't legal advice. See a solicitor.

I wish you well.