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I've Been Clamped


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#166 Mini Cheddars

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Posted 09 March 2013 - 01:11 AM

Goddammit. I thought this was all over. Got a letter today from the DVLA for me to appear in court on the 26th.

You are required to appear at 10:00hrs on 26/03/2013 at [omitted] to answer to the charge that on the 25/09/2012 at [omitted], you kept on a public road a mechanically propelled motor vehicle registration mark [omitted] for which a licence was not in force whilst a Statutory Off Road Notification declaration was in force, contrary to section 29 of the Vehicle Excise and Registration Act 1994.

Statement of Facts
On the 25/09/2012 the defendant kept an unlicensed mechanically propelled motor vehicle, registration mark [omitted] at [omitted]. The previous licence expired on 31/03/2012, the annual rate of duty was £135 and the keeper had made a Statutory Off Road Notification declaration to the effect that the vehicle would not be used or kept on a public road.

In accordance with Section 12(7) of the Magistrates' Courts Act 1980, the above statement of facts will be read out in court, if you inform the clerk of the court that you plead guilty and wish the court to deal with the case in your absence.

Notice of Penalties
Derived from Sections 29(3A) abd 30 Vehicle Excise and Regustration Act 1994.
The maximum penalty on coviction is £2,500 or five times the annual rate of duty, whichever is the greater. The prosecutor will ask for a minimum contribution of £90.00 towards legal costs.

In addition if you were the vehicle's keeper, the prosecutor will ask the court to order you to pay a further penalty in the sum of £67.50, being an amount equal to the outstanding duty for the period 01/04/2012 to 25/09/2012.


I've paid over £400 to get it released plus £165 to the DVLA. I don't understand why it's going on further. As far as I was aware, I had paid my dues. :(

what the hell. :(

#167 minimarco

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Posted 09 March 2013 - 01:30 AM

Oh my god, there is no god.

The maximum penalty on coviction is £2,500 or five times the annual rate of duty, whichever is the greater. The prosecutor will ask for a minimum contribution of £90.00 towards legal costs.


They will ask you to pay for them to ask you to pay. Can you just politely say no?

Edited by minimarco, 09 March 2013 - 01:37 AM.


#168 Mini Cheddars

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Posted 09 March 2013 - 01:35 AM

I honestly cannot believe it. Why do the DVLA want more money from me? I paid a release fee and a fine. Now I have a "penalty".

I can't just keep giving hundreds of pounds away. I don't even have hundreds of pounds saved up. I was about to save up to get my car fixed because the engine's buggered. I went back to public transport on New Years Day.

This nightmare has reared its ugly head again and I am sick and tired of it. I really did think everything to do with this was done and dusted. I really wish I could curse on this forum...

#169 adam_93rio

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Posted 09 March 2013 - 02:41 AM

Just read through this whole thing, if I had been on the forum more and seen the post I would've been happy to help in whatever way I could've. Although I am quite a distance from you.

I also know what it's like to struggle with money like this and I'm always battling with my overdraft limit, it's incredibly difficult and I'm even in court on thursday for not paying a fine to the dvla about a car that I sold and apparently 'didn't inform them'
I'm sure that legally they have to give you some sort of payment agreement on your fine. I couldn't afford the full fine and they refused to let me pay bit by bit. That's what's got me going to court so hopefully I won't have too much to pay out when I tell the court that i have been willing to pay all this time, just with no option.

Keep batting mate, you'll get there eventually. Explain to the court the struggle that you've been going through, explain that you've already paid the fine so don't understand what this is for and take in a breakdown of incomings/ outgoings and they should allow you to pay a small amount per week.
Good luck!

#170 Bungle

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Posted 09 March 2013 - 03:11 AM

I also know what it's like to struggle with money like this and I'm always battling with my overdraft limit, it's incredibly difficult and I'm even in court on thursday for not paying a fine to the dvla about a car that I sold and apparently 'didn't inform them'




we have covered that one on here before

it's up to the DVLA to prove that you didn't post it rather than you prove you did, the inner sent till proven guilty thing

a search on here should find the topic or the original info came from volkszone.com

#171 Carlos W

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Posted 09 March 2013 - 08:36 AM

Contact dvla and explain that you've already paid a fine and release fee!

Hopefully it will be some sort of administrative error!

#172 Mini Cheddars

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Posted 09 March 2013 - 02:47 PM

Well I looked through previous statements online and can't find an entry for the DVLA and can't find anything for around £170 with a name I don't see on there any other time. I swear I paid but don't have that proof.

I've been confused all morning about this. I think I will have to give them a ring.

Edited by Mini Cheddars, 09 March 2013 - 02:47 PM.


#173 Ethel

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Posted 09 March 2013 - 03:21 PM

You must have some evidence your Mini was impounded, they can't seriously argue they released it back to you if there was an outstanding debt? Write to the court without delay, give them as full a history of the matter as you can and raise your queries about the payments you've already made. Copy the letter to the dvla (phone the court for the most appropriate address, if it's quoted on anything you've already received) highlighting your queries and asking for clarification.

They can't have evidence the car was on the public road, and have none that it was impounded and released.

#174 MaxAndPaddy

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Posted 09 March 2013 - 03:46 PM

Well I looked through previous statements online and can't find an entry for the DVLA and can't find anything for around £170 with a name I don't see on there any other time. I swear I paid but don't have that proof.

I've been confused all morning about this. I think I will have to give them a ring.


Dorris how did you pay? ...Direct Debit? Cheque? Card?

There WILL be a payment record somewhere

#175 Ethel

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Posted 09 March 2013 - 03:51 PM

Having had a quick root around online it looks like you paid

An impound fee (£200) and storage @ £21/day. - I haven't found anything saying if you'd also be liable for the £100 to take the clamp off, but £400 would be both fees and 5 days storage.

A surety (£160), this is a deposit which is returned if you provide evidence that you have a current tax disc.
Perhaps this is why you can't find a record, if they just took your bank card details, but didn't actually take the payment.

I'm afraid it does look like you still owe the tax up to when you were clamped.

:( scum bags, eh?

#176 station31

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Posted 11 March 2013 - 02:19 AM

Mini Chedders, you've been through the mill aint ya, was a similar zero money situation, I haven't worked for 2 years tommrow due to accident at work. Eventually......Eventually it ends though . Hang in there bud

#177 Deathrow

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Posted 11 March 2013 - 02:47 PM

https://www.gov.uk/g...n-wheel-clamped

As Ethel says, it sounds like you should have presented a valid tax disc and received your £160 back. If you haven't done that your £160 is gone and the issue is still open.

#178 Mini Cheddars

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Posted 27 March 2013 - 07:39 PM

I missed the refund on the surety fee because there was no way my car would be Tax-worthy in the time required.

Anyway I got the bad news yesterday. £227.50 To be paid by April 9th. The judge said I could phone up to arrange payment in installments after I leave the courtroom. So I did just that and let the chap on the phone know that I will be paying the fine, if not next Tuesday (my next payday due to Easter holiday weekend), then that following Friday. He was happy with that and made the note on my file.

So by next Friday this should be all cleared up and I can look into getting my engine fixed. Hoping to have that done before Himley Hall comes around.

Ugh.

Edited by Mini Cheddars, 27 March 2013 - 07:45 PM.


#179 minimarco

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Posted 27 March 2013 - 08:21 PM

and that's the end of that chapter

#180 Daviewonder

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Posted 27 March 2013 - 09:27 PM

and that's the end of that chapter


I hope you did the scarf thing when you said that.




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