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igglepiggle
Hi I'm new to this forum and I have spent the beginning of 2009 trawling through the internet for help!! Hopefully someone can help on here.

I came home at 2130 new year's eve after spending the night at my parent's house to find that my car had been stolen. Its MOT has run out and the tax had run out at the end of November and it was parked in a parking bay just outside my house. I'd forgotten to declare it off road (new mum so still have a mushy brain!) I phoned the police to report it stolen but received a call 2 mins later to say i should contact the DVLA as it's been towed due to no tax. Firstly I didn't think they could tow the car if it's not on a public road and secondly I didn't think they could tow without prior warning. I'm absolutely livid with myself for forgetting to get a SORN sorted but I'm really angry that they waited till new year's eve to take the car away knowing full well I can't do anything about it until the 2nd Jan and will probably charge me an extortionate amount to release it.

Can they do this without any warning at all or even just a note through the door to say it'd been taken? Please help cos 2009 thus far officially sucks!!!
jobo
yes they can with out warning, they had my A6 away with no warning , though they did stick a note through he door

a lot depends what the status of your parking bay is,

one , is it private property as opposed to unadopted bit of road, or just a parking bay

2 is it obviously private property, coz if it not they may well have made a mistake and you can with a battle get your money back

at a guess some one will have grassed you up, and they have come and grabbed it
igglepiggle
Thanks for a speedy response!

It's just a parking bay in a cul de sac so i reckon someone has grassed me up!

Not sure how i'm gonna get it back now cos i don't think it can be released without a valid tax disc which i can't produce due to no MOT. Feel so silly cos i meant to fill out a SORN online form ages ago but nver got round to it. Think it's going to be an expensive lesson!!!!
jobo
thats not true about the tax disc

if you pay them the 200 quid youl get it back, then drive it to a pre booked mot, which you are allowed to do with out tax and mot, and then home, up to you if you make it as far as the mot station, but if not you need to get it off road or they will have it again
ict_guy
Presumably your car had been sat in that driving bay since the end of November? ie. You didn't drive it on the public road - for which, the 'punishment' would be far more severe.

As jobo says, you'll just have to pay a towing fine and storage fee and complete a SORN to get the car back to keep off road until you are able to drive it to a pre-booked MOT.
jobo
im not dead sure

as i didnt bother getting the a6 back, but i dont think you can sorn it and drive it home( by definition)

where as you can drive it from the pound to an mot station

please be clear if this a public area, then you cant sorn it and park there, coz youl be in court for a false declaration as it wont be off road

so either tax it or get it on some ones drive
igglepiggle
I'm currently on maternity leave and money's a bit of an issue so when the MOT ran out i figured that I don't use the car much now and also it needs a bit of work doing so I thought I'd leave it untill I go back to work this month to get it sorted. The tax ran out the end of November and hasn't been used since the MOT ran out in October. I should have filled out a SORN thingy but forgot. It's a Renault Espace S reg, not worth much but handy for our large family and needed for when i go back to work.

I'm just a bit put out that it was taken on new year's eve and nothing can be done until tomorrow so thats extra storage costs already and also did it need to be towed as opposed to being clamped cos at least that would have been cheaper!

Can't even find out where it is yet cos the DVLA isn't open today. Bit miffed really!

Zed Victor One
It's just a parking bay in a cul de sac so i reckon someone has grassed me up!

Presumably the cul de sac has been adopted by and is maintained at the local authority's expense in which case it's still subject to all the requirements of the Road Traffic Act to be parked there, i.e. insurance, MOT & tax, so as Jobo said you can't SORN it as being off road.


I'm just a bit put out that it was taken on new year's eve and nothing can be done until tomorrow so thats extra storage costs already

As far as I'm aware they can't charge you storage for day's that they are not open and which you are unable to collect the car on.
clean for20years
I have just been fleeced in a similar way and it is correct that they will only charge storage for days you could collect and do not do so they had my car from saturday till tuesday but only charged 2 days storage

If the parking bay is in the street ie not on your land or designated as for your exclusive use then they are allowed under their draconian powers to remove it sad.gif

I also believe you can get a car back without tax as i know others who have done so you might need to have it trailered away though not sure

i am in scotland rules may differ in engerland
bluegolfboy
Off topic but surely the car is still 'stored' on the days that they ain't open so surely a 'storage fee' should still apply??? Otherwise they should really be calling it a less 'friendly' word... Then again... smile.gifsmile.gifsmile.gif

The reason they probably didn't clamp it is that most people would have the means to remove a clamp, especially outside their own house with a 240v supply at hand and a grinder only £14.99 at the local B&Q... Plus, they ain't out to save you money, they're there to MAKE money, er, sorry save the public from uninsured drivers of dangerous (not MoT'd) cars which don't have road tax...

I'd be pretty pee'd off too if this happened to me... Very annoying...

One of your neighbours has probably taken a disliking to you and called the towers in... You pissed anyone off lately?

My uncle informed me the other day there that there used to be major problems round his way with abandoned cars. He has a private road at the front of his house and also a private lane at the back... All sorts of things used to turn up outside his house and just sit. The Police refused to do anything about it due to the 'private' ness... My uncles solution???

Remove the petrol cap and then call the Police and say that there was a vehicle smelling strongly of fuel and he felt it was a possible EXTREME fire hazard... Vehicles always removed within a couple of hours... smile.gif
clean for20years
that is correct regarding the storage but as they will not release at the weekend they cannot charge you for the weekend storage surprisingly lol
bluegolfboy
Surely they should call it a 'holding fee' or something...

A 'storage fee' actually implies that they are providing you with a service yet in reality they are providing a dis-service...
clean for20years
yea but we could compile a dictionary with incorrectly worded fines charges fees etc

result is the same they want your money and they WILL get it sad.gif
bluegolfboy
LoL...

Indeed they will...

Unless we're all willing to make ourselves ill that is........ smile.gif

The bit that REALLY pisses me off is that we pay these buggers wages at the end of the day!!! We pay for them to exist only for them to turn round and screw us over.... Sickens me...

Anyway... Very little money out my pocket so far...
jobo
there storing it pending disposal, (crushing) there not holding it for you, they have title for it and it doesn't belong to you until you pay the fee
clean for20years
I know it is small consolation but you DO have the option not to remove it then it costs you nothing they do not seem to make that clear though on the paperwork

I do renaults for my living and an s reg espace is still worth money even for scrap depending on spec and engine type

depending on how good it was it may still be worth getting it back if on the other hand it had the usuall espace problems then you might be cheaper just to forget it !
bluegolfboy
So technically it is 'Retention Fee'... They are with-holding it from you but charging for the privilege... smile.gif
jobo
no mate they own it
clean for20years
yes indeed i suppose they do own it but how do you notify change of ownership if they did not wait for the v5 lol
southpaw82
QUOTE (jobo @ Thu, 1 Jan 2009 - 19:02) *
no mate they own it


You sure?
jobo
to all intents and purpose yes

they take title to it ( which is not the same as ownership ill grant you )

if you turn up with the money they revert title back to you,

southpaw82
So they become the keeper?

Sorry, to my lawyer's brain "title" implies ownership, hence my question.
clean for20years
In addition to that question what happens with regard to continuous taxation sorn etc

If they have title then are they then liable to comply with these rules or is the registered keeper still liable ?
bluegolfboy
One thing which niggles me outside of this... And, yes, I am STILL off topic...

WHY do they crush the cars? Surely if we are suppose to be all environmentally friendly and the such then unnecessary crushing should not take place...

Another outside question... Say I had a car that had run out of tax, no MoT and no insurance. I didn't have anywhere 'private' to park it BUT I had a car trailer sitting around. I put the car on the car trailer and parked the car trailer in my designated parking bay... Could they still remove the car? Would it still be classified as 'on the road'?

Anyway, back on-topic. Could the OP please state whether or not the parking place is indeed a 'private' area or could be classified as public with the local road authorities being responsible for maintenance... You could actually be surprised to discover that even what appears to be owned by the council could turn out to be private. I discovered the other week there that 'Barr Construction' own the road outside my house. I found this out when I put a request in to the council to have some kerb stones lowered to enable safer entry onto my drive... smile.gif
jobo
they have been know to auction them if there worth anything, other than that they get robbed blind in the compound prior to disposal, (that the private contractor compound, which the dvla use sometimes) if you want parts for your golf find someone who works there biggrin.gif biggrin.gif


no if its on a trailer its not on the road, but parking a trailer on the road is an offence in its own right, you could however put it on a trailer attached to a taxed car and be all right, might be a bit inconvenient when you nipping in to town for a night out, but still

there was a case on here about 6 months ago were they were prosecuting the op for parking on unadopted land, or at least they couldn't find out if it was adopted or not, it got very complex, il see if i can find it for you
clean for20years
I park untaxed cars on my trailer and it must be attached to a road legal car to be legaly parked BUT the police tend to steer clear of trailers as i think they are unsure of the correct rules lol
bluegolfboy
Well... How's about a trailer with a car on it with a tarpaulin over the top and a few reflective marker cones around about it???
clean for20years
the way i see it a trailer is not a vehicle so does not need insurance etc to park on the road

no doubt they would think of something if they wanted to !
jobo
it might work in practise, dont think it does legally

but if its a soft top (or even a hard top) you could get a skip licence and have a bloody good argument with them, not sure you'd win, but it would be amusing
clean for20years
pmsl its a mobile skip officer smile.gif
igglepiggle
BIT OF AN UPDATE

After seething all day about not knowing where my car is I did a bit of a search and found an article in the local Echo about clamping in my area and found the name of the company possibly responsible. It's £100 + £60 surety fee if the car is reclaimed within 24 hours or £200 + £60 after that plus £21 per day storage. As they took it new years eve and are closed New years day i'm hoping that it'll only cost me £160.

Now extra cheesed off because when i falsely reported it stolen the police officer said i'd have to write the DVLA to find out where the car is as they don't answer the phone!!!

Will be phoning bright and early tomorrow. Also gonna find out whether my parking bay is classed as private. Roll on the great new year!
jobo
i think you might be getting confused between the clamping companies and the contractors working for the dvla( though they could be the same

you should get a letter through prob sat telling you were your cars is

in the mean time ring the dvla up to morrow and ask them, put the phone on speaker and just leave it til they answer
Zed Victor One
WHY do they crush the cars? Surely if we are suppose to be all environmentally friendly and the such then unnecessary crushing should not take place...

Depends on the value of the car really, if it's worth next to b..... all they're usually stripped of any salvagable spare parts and then crushed, some of a low value are given to the police/fire service for training purposes. Some are given to the police and returned to the road (usually on ghost plates) and used as covert cars and the higher value one's can be auctioned off if unclaimed.
ford poplar
DVLA could fine you £80? for failure to SORN. If not off-road then Police could prosecute no licence, MOT & insurance (invalid due to no licence or MOT)
DVLA will also backdate road tax to Nov and charge you for lost months
Scrap it and the Insurance co could want £50

jobo
im not doing the whole debate again , but not having road tax and mot doesnt invalidate your insurance
clean for20years
I agree on that one please keep it real smile.gif
GAZ237
Going back to the car on trailer debate. I used to have my race car on my trailer outside my house and was getting mega hassle from the council about it not being taxed and insured ( no windows big numbers on the side might of given them a clue) and they stuck a notice of intent to remove on it. Contacted them and they said the trailer had to be attached to a vehicle that was taxed and insured at all times or was illegal. Never got anywhere with them so between me and my neighbours we always made sure that the trailer was blocked in by at least two cars.
albert2008
this is where some of the cars not crushed ended,

http://feedback.ebay.co.uk/ws/eBayISAPI.dl...mp;myworld=true

and his poor feedback,

http://feedback.ebay.co.uk/ws/eBayISAPI.dl...mp;interval=365
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