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Author Topic: URGENT IMMEDIATE HELP NEEDED PLEASE!!!  (Read 4696 times)

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Tony H

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URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« on: 30 July 2014, 17:12:24 »

Hi all, I'm in a bit of a spot. I have a Fiesta that is "mothballed" and parked on private ground. I sorned it when the tax ran out on April 2012 It got clamped by the DVLA or their contractors this morning. They intend to lift it and take it to the pound tomorrow, I have looked on the DVLA website to see what info they hold on this car and discovered errors, I cannot access the tax history as their computer says I have entered invalid details even though I have filled all the relevant question boxes correctly.their data base states that it ran out of tax in 2012 no mention of a sorn even though I have the sorn acknowledgement  letter in front of me for 2012- 2013 I did not receive a reminder to sorn it this year so the sorn for now was over looked maybe the reason that I did not get this reminder is because of the incorrect info on their data base. I have spoken to the DVLA regarding this matter and they have stated that I can lodge an appeal in writing. I contacted the clamping company this afternoon and informed them of my appeal and the grounds that the appeal would be based on, but they were not interested and still intend to take the car to the pound tomorrow. The intend to charge me all the costs that I will incure and have said that if my appeal is successful I will get them refunded. But I don't think that's the point What happened to "innocent until proven guilty" Is there anything I can do legally to prevent them removing the car. Advice please the clock is ticking

TIA
TONY
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powerslinky

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #1 on: 30 July 2014, 17:20:31 »

Hi all, I'm in a bit of a spot. I have a Fiesta that is "mothballed" and parked on private ground. I sorned it when the tax ran out on April 2012 It got clamped by the DVLA or their contractors this morning. They intend to lift it and take it to the pound tomorrow, I have looked on the DVLA website to see what info they hold on this car and discovered errors, I cannot access the tax history as their computer says I have entered invalid details even though I have filled all the relevant question boxes correctly.their data base states that it ran out of tax in 2012 no mention of a sorn even though I have the sorn acknowledgement  letter in front of me for 2012- 2013 I did not receive a reminder to sorn it this year so the sorn for now was over looked maybe the reason that I did not get this reminder is because of the incorrect info on their data base. I have spoken to the DVLA regarding this matter and they have stated that I can lodge an appeal in writing. I contacted the clamping company this afternoon and informed them of my appeal and the grounds that the appeal would be based on, but they were not interested and still intend to take the car to the pound tomorrow. The intend to charge me all the costs that I will incure and have said that if my appeal is successful I will get them refunded. But I don't think that's the point What happened to "innocent until proven guilty" Is there anything I can do legally to prevent them removing the car. Advice please the clock is ticking

TIA
TONY

Don't want to be the bearer of bad news but   . . .

Fairly sure that you don't get reminders  from DVLA for SORN . It's your responsibility  . . down to you to re SORN it  :'( :'(
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Andy B

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #2 on: 30 July 2014, 17:20:55 »

I thought that rules changed this year re SORN such that once SORNed it stayed as such until  you either taxed it or sold it ie you don't need to reSORN it each year

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Andy B

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #3 on: 30 July 2014, 17:25:16 »

....
Don't want to be the bearer of bad news but   . . .

Fairly sure that you don't get reminders  from DVLA for SORN . It's your responsibility  . . down to you to re SORN it  :'( :'(

According to form V890 they do http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_065269.pdf

but as said above, I thought the rules had changed  :-\ :-\
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powerslinky

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #4 on: 30 July 2014, 17:33:19 »

....
Don't want to be the bearer of bad news but   . . .

Fairly sure that you don't get reminders  from DVLA for SORN . It's your responsibility  . . down to you to re SORN it  :'( :'(

According to form V890 they do http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_065269.pdf

but as said above, I thought the rules had changed  :-\ :-\

you are quite right Andy   :y     says so on that form  . . . see even at my age  you learn something everyday  :y

So if Tony did not get a reminder . .  does he have a case to appeal ?

and apologies to Tony  . . . for some reason I thought DVLA did not remind you  :-[ :-[ :-[
« Last Edit: 30 July 2014, 17:35:09 by Essex Big Al »
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zirk

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #5 on: 30 July 2014, 17:35:19 »

First off, the only way to stop the action today is to pay the clamp release fine and the surety fee (160 + 80 usually) if done over the phone you just pay the money.

Secondly why did they clamp it if its on private ground (is it your ground, if not, probably because its, Council maintained or they have permission from the Land Owner to clamp or remove unTaxed vehicles)?

Thirdly, as far as I know Sorn only last 12 months, then expires.

One word of warning, how long has it been Untaxed or Unsorn for?, as the next phase in a few weeks could be a Unsorn fine and back tax?, 
« Last Edit: 30 July 2014, 17:41:40 by zirk »
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Andy B

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #6 on: 30 July 2014, 17:39:11 »

....
Don't want to be the bearer of bad news but   . . .

Fairly sure that you don't get reminders  from DVLA for SORN . It's your responsibility  . . down to you to re SORN it  :'( :'(

According to form V890 they do http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_065269.pdf

but as said above, I thought the rules had changed  :-\ :-\

you are quite right Andy   :y     says so on that form  . . . see even at my age  you learn something everyday  :y

So if Tony did not get a reminder . .  does he have a case to appeal ?

I've found a newer form, which says the SORN is valid till you tax or sell it
This declaration is valid until you re-tax, sell, permanently export or scrap the
vehicle. A SORN cannot be made if the vehicle is taken out of the UK


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/334331/V890_060514.pdf

I can only suggest that Tony finds a way of phoning Swansea PDQ and see what they have to say  :-\ :-\

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powerslinky

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #7 on: 30 July 2014, 17:46:09 »

....
Don't want to be the bearer of bad news but   . . .

Fairly sure that you don't get reminders  from DVLA for SORN . It's your responsibility  . . down to you to re SORN it  :'( :'(

According to form V890 they do http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_065269.pdf

but as said above, I thought the rules had changed  :-\ :-\

you are quite right Andy   :y     says so on that form  . . . see even at my age  you learn something everyday  :y

So if Tony did not get a reminder . .  does he have a case to appeal ?

I've found a newer form, which says the SORN is valid till you tax or sell it
This declaration is valid until you re-tax, sell, permanently export or scrap the
vehicle. A SORN cannot be made if the vehicle is taken out of the UK


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/334331/V890_060514.pdf

I can only suggest that Tony finds a way of phoning Swansea PDQ and see what they have to say  :-\ :-\

Had a quick look through the " new" form ,  but does not say when that new wording started . The point will be when was the Re-Sorn due I would think .

Likely that you don't have to re sorn once you have used the "new" form to do it  :-\ :-\
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Elite Pete

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #8 on: 30 July 2014, 18:01:46 »

Sleep in it, they can't take it if your in it ;)
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Tony H

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #9 on: 30 July 2014, 18:33:21 »

I forgot to mention I successfully  sorned this car online earlier this afternoon, don't  know whether this will make any difference to the situation  :-\
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powerslinky

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #10 on: 30 July 2014, 18:52:39 »

First off, the only way to stop the action today is to pay the clamp release fine and the surety fee (160 + 80 usually) if done over the phone you just pay the money.

Secondly why did they clamp it if its on private ground (is it your ground, if not, probably because its, Council maintained or they have permission from the Land Owner to clamp or remove unTaxed vehicles)?

Thirdly, as far as I know Sorn only last 12 months, then expires.

One word of warning, how long has it been Untaxed or Unsorn for?, as the next phase in a few weeks could be a Unsorn fine and back tax?,

As Zirk stated earlier  . .  an important point in this could be the "private ground" the car is sat on . More so  if it is not  actually your own  ground & you have not had permission  from the owner/s to leave it there  :-\
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Tony H

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #11 on: 30 July 2014, 18:55:43 »

The ground that is parked on is leased by myself
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minifreek

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #12 on: 30 July 2014, 19:17:45 »

I thought clamping was illegal now or is there an exception for the DVLA or Police....?

Personally I'd remove the clamp and park the vehicle elsewhere and out of sight... they can't take whats not there...
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powerslinky

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #13 on: 30 July 2014, 19:20:51 »

The ground that is parked on is leased by myself

Only my opinion , but I would think that would be in your favour then.

So next question is , you obviously have not asked them to , so ,can these contractors "trespass"  onto private ground to clamp a car & then return to remove it without being asked to do so by the land owner /leasee ?

just out of curiosity  . . . have you changed adresses since you last put that car on SORN ? :-\
« Last Edit: 30 July 2014, 19:23:13 by Essex Big Al »
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omegod

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Re: URGENT IMMEDIATE HELP NEEDED PLEASE!!!
« Reply #14 on: 30 July 2014, 19:47:58 »

A)Remove wheel from vehicle without damaging the clamp, it can be done. Allow wheel to be confiscated with clamp.

B)Did they have your/the landowners permission to enter the property ? If not they sure as hell don't have permission to come on it and remove said vehicle ! Report them for trespass and theft of the vehicle if they do.

C)As Pete said lock yourself in the bugger

BTW who is the contractor acting for DVLA?   

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