Help please...my car's been clamped for previous owner's fines!

[freemycar]

Hi, i'm new here but would greatly appreciate any help or advice you give.
at 1745 tonight the wife's car was clamped on our doorstop by VEAS (I'm aware from other threads they're rouges!?) the paperwork they left on the car referred to outstanding fines incurred by the previous owner.
Surely either the court or VEAS, being a dvla authorised agency can check who the registered keeper is, which I presume is how they found the car at my address & not that of the previous owner and would use some level of common sense & make further enquiries, it would have been easy for them to knock on the door & be shown a v5 & the purchase receipt from previous owner....or is that asking too much?
Anyway the dilemma I have is obviously a clamped car & a wife with no way of getting the kids to childminder or to work, what are my rights here as this has been done unlawfully & will cause a great deal of inconvenience. I contacted the local police & advised them of my intention to remove the unlawful clamp & was obviously advised I would be arrested if I damaged or removed it & claimed they are powerless. Being a Sunday night the offices at VEAS & the court which imposed the fines are closed. I'm really looking for some ammunition when the phone calls start in the morning re my rights.
any help greatly appreciated in advance

[bluebottle]

Re: Help please...my car's been clamped for previous owner's fines!

VEAS enforce untaxed/uninsured vehicles, not court fines. Does the paperwork give you any idea of which court is involved? If it does, telephone the court switchboard, ask for the direct telephone of the Area HMCTS Enforcement Manager and speak to them.

The police are correct about removing the clamp in the circumstances. Until it is established whether VEAS are behaving like morons, which for them isn't difficult, leave the clamp well alone. However, if the previous owner has outstanding fines and the car was sold to you, VEAS had a duty to check this. Also, to the best of my knowledge and belief, VEAS are not certificated bailiffs. They need to explain what lawful authority they have to clamp the vehicle.

[labman]

Re: Help please...my car's been clamped for previous owner's fines!

They are presumaly accountable for any unlawful actions they take to clamp the vehicle.

[freemycar]

Re: Help please...my car's been clamped for previous owner's fines!

VEAS enforce untaxed/uninsured vehicles, not court fines. Does the paperwork give you any idea of which court is involved? If it does, telephone the court switchboard, ask for the direct telephone of the Area HMCTS Enforcement Manager and speak to them.

The police are correct about removing the clamp in the circumstances. Until it is established whether VEAS are behaving like morons, which for them isn't difficult, leave the clamp well alone. However, if the previous owner has outstanding fines and the car was sold to you, VEAS had a duty to check this. Also, to the best of my knowledge and belief, VEAS are not certificated bailiffs. They need to explain what lawful authority they have to clamp the vehicle.

Yes the paperwork gives me details of the court & fines the seizure order relates to...all in the previous owners name & address - the car is legal, has been since I purchased it, as VEAS ate involved I'm now assuming that the fines were for driving offences committed by the PO? I will be in touch with the court in the morning
The dates of the court fines on the seizure notice are dated after I bought it, which leads me to assume she has used my car as some form of collateral against fines she had imposed?! Surely that is an offence in itself?

[freemycar]

Re: Help please...my car's been clamped for previous owner's fines!

They are presumaly accountable for any unlawful actions they take to clamp the vehicle.

You would assume so, I thought they had to show they had carried out necessary checks re ownership, no disabled children, used by a cared etc? However I'm pretty certain that it'll be a case of "not our problem, we were only doing as instructed"

[bluebottle]

Re: Help please...my car's been clamped for previous owner's fines!

There is also something called Cloning, either the car or the number plate. On what date did you purchase the car and what are the dates of offences and fines, please?

[freemycar]

Re: Help please...my car's been clamped for previous owner's fines!

I bought & registered the car on the 20th April, with receipt & vehicle check to prove this, however the fine enforcement dates are may & July, seizure orders doesn't tell me when offences were committed but I presume they were driving offences committed by previous owner(when I bought car it had bald tyres & no tax!) don't think the car has bBen cloned but I will be asking the court when the offences were committed just in casein case

[freemycar]

Re: Help please...my car's been clamped for previous owner's fines!

Any advice on how I complain about VEAS & the unlawful clamping of my vehicle?
any advice on action against the previous owner? Surely some form of fraud has been committed by using my vehicle as collateral against her fines?

[labman]

Re: Help please...my car's been clamped for previous owner's fines!

How can I complain about VEAS and its employees?

Inevitably an enforcement officer call may be a stressful event but we expect all of our employees to act in a professional manner. If you feel that you have been treated badly or the enforcement officer has acted incorrectly, you should write to :
The Complaints Manager, VEAS, 51/53 Waterloo Road, Widnes, Cheshire, WA8 0QR

Tel: 0845 337 0077

[bluebottle]

Re: Help please...my car's been clamped for previous owner's fines!

Did you purchase the car from a dealer? If so, did you ensure the car was taxed before you drove it on a public highway? You also need to find out under whose authority VEAS was acting, a court or DVLA. If a court, you will need to obtain the direct telephone number of the Area HMCTS Enforcement Manager for the court involved and ask them to explain what is going on . If it was DVLA, send an email to the DVLA's Wheelclamping Unit at wheelclamping.complaints@dvla.gsi.gov.uk. This will put all enforcement on hold and enable DVLA to find out what has happened. Explain in detail the problems you are being caused because of VEAS's. Also, inform them as to when you purchased the vehicle. If you have the V5C with your name on it, I would say that was pretty good evidence DVLA had cocked-up.

Let us know who the culprit is and what happens.

[labman]

Re: Help please...my car's been clamped for previous owner's fines!

If you have the V5C with your name on it, I would say that was pretty good evidence DVLA had cocked-up.

Now there's a change!

[freemycar]

Re: Help please...my car's been clamped for previous owner's fines!

I bought the car privately, for my wife. It needed some work done when I got it. It was collected from the sellers house on my trailer due to no tax, bald tyres etc, I carried out an online vehicle check prior to buying it to ensure no outstanding finance etc, as soon as I received the v5 the car was sorned & was kept in my lockup until it was moved(on the trailer) to my mates bodyshop then onto the garage next door for its mot, under no circumstances in my ownership has it been used/kept contrary to the law. The fines & seizure order are in the previous owners name, address & dob. The seizure notice does state however the fines were imposed on the previous owner after I had purchased the car.
It appears VEAS were acting on the authority of Aberdeen JP court who issued the order for the vehicle seizure based on non payment of fines by the previous owner. Could it be that the fines were issued by DVLA & enforced by the court?
I have already complained to Dvla's wheel clamping unit as you suggested in another post I read, not holding my breath for a response.
i will be on the phone in the morning to both VEAS & the court and will keep you updated on how I get on.
thanks for all the advice offered so far

[bluebottle]

Re: Help please...my car's been clamped for previous owner's fines!

Now there's a change!

I wouldn't put anything past DVLA, Labman. Simon Tse needs a good hard kick up his ample backside, though I doubt it will make much difference as he appears indifferent to the law-breaking some of his staff engage in on what appears to be an almost daily basis.

[bluebottle]

Re: Help please...my car's been clamped for previous owner's fines!

I bought the car privately, for my wife. It needed some work done when I got it. It was collected from the sellers house on my trailer due to no tax, bald tyres etc, I carried out an online vehicle check prior to buying it to ensure no outstanding finance etc, as soon as I received the v5 the car was sorned & was kept in my lockup until it was moved(on the trailer) to my mates bodyshop then onto the garage next door for its mot, under no circumstances in my ownership has it been used/kept contrary to the law. The fines & seizure order are in the previous owners name, address & dob. The seizure notice does state however the fines were imposed on the previous owner after I had purchased the car.
It appears VEAS were acting on the authority of Aberdeen JP court who issued the order for the vehicle seizure based on non payment of fines by the previous owner. Could it be that the fines were issued by DVLA & enforced by the court?
I have already complained to Dvla's wheel clamping unit as you suggested in another post I read, not holding my breath for a response.
i will be on the phone in the morning to both VEAS & the court and will keep you updated on how I get on.
thanks for all the advice offered so far

It sounds very much to me that DVLA are involved somewhere and have, as per usual, made one almighty b*lls-up. When did you complain to DVLA's Wheelclamping Unit?

[freemycar]

Re: Help please...my car's been clamped for previous owner's fines!

I emailed them at 7pm on Sunday night (1hour &15mins after car was clamped) I received an automated response thanking me for my complaint & they would reply within 10 working days....not much use if the car's gone by then!?
I'm positive it won't come to the car being towed as if the clamp either hasn't been removed by them tomorrow or I've got it in writing it was clamped unlawfully & will be removed in a reasonable timescale then it "fell off" when the wife drove the car without realising it was there!