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

[freemycar]

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

Quick update as I'm at work....Clamp's off (without the use of a grinder!)....... First off phoned VEAS at 8am & got a very rude & aggressive manager who said that under no circumstances were they removing the clamp as they were only enforcing an order from the court, said he had no care of duty to ensure the car belonged to the offender or it was essential for use of people with a disability etc, as I expected no cuttings from him whatsoever......
9am phoned the fines enforcement officer at the court & was very apologetic once I explained my situation, accepted I owned the car, I offered to email him the v5 & purchase receipt however as I sounded genuine on the phone he said there was no need & if he needed it in the future would contact me for it, he genuinely seemed mortified that he had issued an enforcement order against someone else's car, as he explained when they get the paperwork from the dvla they assume the dvla have carried out their due diligence into the matter prior to issuing the enforcement. He even phoned the wife to apologise to her for any inconvenience she had been caused. He has also personally assured me he will be investigating the matter & guaranteed me it will not happen again, I will be asking for this in writing. He also did say he had tried to phone the dvla twice & couldn't get through...no surprise there then!
Next problem is the clamper in his haste to get the clamp on & run away has scraped the paint on the alloy, the guy who came to take it off said you can try & make a claim, if you were the offender you'd have no chance but as you are innocent you might get somewhere, however he didn't sound too optimistic!?!
Thanks for everyone's help & advice regarding this, I'll be making complaints & writing to all the suggested parties & will be seeking compensation for the damage to the wheel & the inconvenience of having to borrow a car this morning.

[bluebottle]

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!

I've just rung the DVLA Wheelclamping Unit. Send details of the damage to the DVLA Wheelclamping Unit, together with any photos, on their email address. Also, you may need to chase up VEAS, but go to DVLA first. Make sure you quote the registration number of the car.

[freemycar]

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

I have spoken to the court enforcement officer directly, thought that easier than arguing with VEAS again, explained the damage & the man who unclamped it agreed the damage was caused by the clamp. He was apologetic again & said he would speak with VEAS on my behalf.....turns out their claims procedure is not surprisingly long and drawn out & involves informing my insurance company, making a claim against my own policy, for the insurance company to provide them with 2quotes & for the 2 insurance co's to argue it out between them! So a repair which would normally cost circa £50-£60 would result in a claim of £100's and the majority probably couldn't be bothered with the hassle! The enforcement officer agreed that they probably insist on this to discourage people from claiming against them, blatant corporate bullying against us the public if I've ever encountered it!
Anyway the enforcement officer has advised that I make an official complaint to EQUITA in writing, explaining the circumstances, including my photographic evidence & if I don't get anywhere to get back in touch with him & he'll see if he can do anything to help!
I'm not holding out much hope with a direct claim against EQUITA/VEAS, at least the court officer is on my side, which I suppose is one thing! Just so bloody inconvenient & annoying that someone somewhere, in a supposed position of power, can make an error which can have such a dramatic effect on someone else's life!

[miliitant]

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

i would tell them to get stuffed

why should you have a claim on your insurance policy and effect your no claims, even though you are in the clear. make a claim and your premiums wil prob go up the next time you renew the policy

who said you have to go through your insurance company

i would get two quotes myself and send them off. also, dont forget to include your own management time in getting the quotes, etc through their negligence

the damage was not caused by another vehicle

but still inform your insurance company of the incident, even if you do not claim through the insurance company

[bluebottle]

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

Whether the person whose vehicle has been clamped is innocent or not, the person attaching the clamp is still legally required to exercise reasonable care and skill in so doing. In the first instance, liability lies with VEAS/CAPITA, ultimately, with DVLA or HMCTS. I agree with Miliitant that you should not have to claim on your motor insurance policy. It is not for a collision and it sounds very much like VEAS/CAPITA doing their utmost to deter claims against them for the actions of their careless and incompetent employees.

[GFP]

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

Whether the person whose vehicle has been clamped is innocent or not, the person attaching the clamp is still legally required to exercise reasonable care and skill in so doing. In the first instance, liability lies with VEAS/CAPITA, ultimately, with DVLA or HMCTS. I agree with Miliitant that you should not have to claim on your motor insurance policy. It is not for a collision and it sounds very much like VEAS/CAPITA doing their utmost to deter claims against them for the actions of their careless and incompetent employees.

Not to mention by preventing the vehicle being used for it's intended purpose they were committing criminal damage.
It's really a good thing is no such thing as criminal stupidity or DVLA wood have to double road tax to pay for fines!

[bluebottle]

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

Trespass Against Property and Unlawful Detention of Property are the two most likely torts the OP could claim for under Civil Law. As for the damage to the wheel, it will depend on the value of the damage, i.e. how much it will cost to make good or replace. If it's under £200, it's more practical to go down the civil route. If it's over £200, a decision would have to be made as to whether the civil or criminal route is the more appropriate. Also, if the criminal route is pursued, it has to be determined whether the damage was deliberate or reckless.

[enquirer]

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

... as soon as I received the v5 the car was sorned [...] The fines & seizure order are in the previous owners name, address & dob.

So, given that you told the DVLA, and they then sent you confirmatory paperwork in your name, quite how does VEAS end up at your address clutching paperwork for someone else entirely?

Either the DVLA has screwed up badly (entirely possible), or VEAS know perfectly well that they are going after the wrong person/property. If it is the latter, then definately the tort of Trespass to Goods.

I wonder whether in similar circumstances, one could get a locksmith (his costs being recoverable) to remove the clamp, and then seize it pending a claim against VEAS.

[bluebottle]

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

Under Civil Law, I would say that Trespass to Goods and Unlawful Detention of Goods are the most appropriate causes of claim against VEAS/DVLA/HMCTS. If VEAS's actions were as the result of being given wrong information by DVLA/HMCTS, then a civil claim against HMCTS/DVLA would be appropriate. However, if it was not due any mistake on the part of DVLA/HMCTS, but to the reckless actions of the VEAS employee and they clamped the vehicle regardless, that could give rise to Criminal Damage with Reckless Intent, in which case VEAS are 100% liable for their employee's actions.

[labman]

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

Bet it's DVLA!

[bluebottle]

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

Bet it's DVLA!

That would not surprise me one little bit!

[freemycar]

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

Quick update folks...
I have made official complaints to the court, for instructing my car to be clamped, to DVLA for providing the court with the wrong information & to VEAS for clamping my car unlawfully, damaging it in the process & their depot manager being the rudest person I have encountered in a long time!
i have been getting somewhere, no official response from the court yet, the dvla got in touch after about a week of emailing & have been spot on, full of apologies, have kicked up with VEAS, who in turn have so far been ok, have asked for pictures of damage, a summary of what happened & a note of any expenses I incurred so I suppose that's progress.
The recurring theme in this saga is that every agency is blaming the other, no one has held their hands up yet! The Dvla wheel clamping unit had no record of my car being clamped....even though it was a dvla liveried van, a dvla clamp & the guy had a dvla jacket on!
DVLA tell me that apparently VEAS work solely for them clamping untaxed vehicles, hence the reason they get to brand their vehicles dvla & wear dvla marked uniforms......VEAS tell me that they have a separate department who do third party (court etc) work, however they should be in an unmarked van & use different clamps.....someone somewhere is in the sh#@

[bluebottle]

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

Quick update folks...
I have made official complaints to the court, for instructing my car to be clamped, to DVLA for providing the court with the wrong information & to VEAS for clamping my car unlawfully, damaging it in the process & their depot manager being the rudest person I have encountered in a long time!
i have been getting somewhere, no official response from the court yet, the dvla got in touch after about a week of emailing & have been spot on, full of apologies, have kicked up with VEAS, who in turn have so far been ok, have asked for pictures of damage, a summary of what happened & a note of any expenses I incurred so I suppose that's progress.
The recurring theme in this saga is that every agency is blaming the other, no one has held their hands up yet! The Dvla wheel clamping unit had no record of my car being clamped....even though it was a dvla liveried van, a dvla clamp & the guy had a dvla jacket on!
DVLA tell me that apparently VEAS work solely for them clamping untaxed vehicles, hence the reason they get to brand their vehicles dvla & wear dvla marked uniforms......VEAS tell me that they have a separate department who do third party (court etc) work, however they should be in an unmarked van & use different clamps.....someone somewhere is in the sh#@

Ultimate responsibility for this lies for DVLA, not HMCTS. Therefore, it is DVLA who have to take the hit, financially, for this. Their mistake, their responsibility. Simples.