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Full Version: Now you see it, now you don't - DVLA clamp removed
FightBack Forums > Queries > Speeding and other Criminal Offences
DJKillaQueen
Bit of an odd one this.

My vehicle was clamped last Tuesday for being on a public highway whilst untaxed. Had been sorned 18 months ago and kept in storage (where it committed no offence) but the person delivering it for me put it outside my home instead of on the private land in front of it. So I expect to get a fine from the DVLA and can't have issue with that.

The vehicle was clamped by a firm called NSL. Because the car is 15 years old and pretty much worthless, I decided not to bother paying to have it declamped - and expected it to be towed and crushed etc. It was still there by 1am Friday morning and still clamped. Then at 8.30 am Friday morning, someone noticed that not only was it no longer clamped, but that the yellow notice they put on the vehicle was gone too. Needless to say the opportunity was taken to move the vehicle back onto private land!

My question is this. I have no idea what happened to the clamp, who removed it or why. I didn't pay any release or surety fee either so can not see why NLS would have removed it. This leaves me wondering if someone stole the clamp (but then why remove the yellow notice too)? I did have a look around the immediate vicinity to see if a clamp had been dumped. We have had a spate of metal theft in the area recently and the same night the clamp disappeared, a bicycle was stolen not more than 200m away. The owner of the bicycle told me that it would have required strong bolt cutters to remove the lock so you can see why I think theft may be the explanation.

I haven't contacted NSL (to make sure it wasn't them) but obviously I don't want to be accused of something I haven't done. I did report it to the local Police though to cover myself. Can NSL pursue me or my vehicle in some way? They did after all leave it there clamped all week when they could have towed it the next day.
Logician
I do not see that there is anything to be gained by contacting NSL, you have told the police and covered your back, hopefully.
You may have defence to the charge of using or keeping an unlicensed vehicle, since someone else put it on the road, presumably contrary to your intention and instructions.
jobo
hmm, removing a dvla clamp is an offence in its own right, before you get into theft or criminal damage

they could report you to the police for any or all of the above offences, there being a suspicion that you either did or commissioned such an of offence, however in the absence of them finding a neighbor who thought they saw you with an angle grinder im not sure it can go anywhere


however if you ever find out who did it, can you ask them how they got the sticky off, as i still have a residue from two years ago
DJKillaQueen
I hadn’t even thought of contesting the DVLA Logician but now you mention that I might give it a go…especially as the car had been sorned for the last 18 months and kept off road in a garage. It would have been clamped a long time ago if I had intent to avoid road tax or break rules. I asked someone to move if on my behalf because I was not insured to do so – so his mistake was also the result of my trying to make sure I committed no offence in moving the vehicle.

If NSL report to the Police, without proof, what would the Police do/ investigate? I do a lot of community work locally, including liaising with safer neighbourhood teams and Police so they will have a difficult job convincing anyone that I would even consider breaking the law. This is why I thought I should contact NSL too and tell them their clamp disappeared. I don’t like there even being suspicion reported – I didn’t do anything.

There was no sticky residue on the window jobo because they just put the yellow notice under the windscreen wiper….so it wasn’t even stuck to the car properly and not instantly visible as it flopped down. I did take a photo of it while clamped which shows that.
jobo
some one reporting a crime to the police, dont need to supply proof that the polices job, if they do and they will, its up to the police what they do about it, but i would expect no less than them coming round for a statement, may be an interview under caution
johnjo42
Perhaps the cost of removal, crushing etc was more than the car was worth.
DJKillaQueen
Funnily enough I had wondered if that were possible, especially as the car could have been towed the next day but they left it clamped for four days. If they did remove the clamp themselves then it would have been early in the morning as it was gone by 8.30am. NSL used to be NCP until they went bust so it would kind of make sense that a worthless car has no profit for them and after four days it would be clear I was not going to pay a release fee. I'm sure had my car been a mercedes it would have been taken the next day smile.gif

I will just have to wait and see what happens. If I hear nothing from the Police then I guess NSL must have removed their own clamp and will just have the DVLA to deal with.
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