Spare car clamped for no tax

Westindieman

I have a house with a drive on a quiet cul-de-sac. Most other properties don't have a drive and some owners have at least 2 car owners and cant always park both near their door though its only 200 yards down there is loads of parking. Outside my house was being used by other cars then which they do have a right to do. I bought a new car last November and left the first car which isn't being used on the road out side my house while the new car is being parked on the drive. Cars in the street have been keyed a few times (including mine) so I didn't want it to happen to my new car. Also if I kept the old car on the drive it was likely that when I came from work I would have to park my new car 200 yards away whilst neighbours were parking in front of my house.
I have had the old car for sale since November and though I have had one person look at it and limited interest online I still have it, hence the tax ran out in December.
I am at work and just had a message from a friendly neighbour who lives 200 yards down on the opposite side advising me my car is being clamped.
I am wondering if some neighbour who finds it inconvenient my unused car is being parked outside my house has suspected the vehicle may not be taxed and shopped me.
I am initially considering trolly jacking the car onto my drive till I'm ready to resolve it. What are the implications of that?
I also wondering whether to pay the fine and tax the car for the moment. If I tax the car and don't pay the fine yet what could happen? If I tax the car does it have to be insured to just be parked on the road too?

AMc

If it's on the road it needs to be taxed and insured.
Vehicle insurance

You can put it on your drive and declare it SORN but I imagine the fine will still apply as it was on the road when it was clamped.  Even if it was on your drive you might have got a penalty through the post because you didn't declare it was off the road.

I think you'll need to read the penalty notice to find out how to get the clamp removed, the tax/SORN status sorted and the car onto your drive.

nvingo

If you can, you are entitled to remove the clamp as long as you don't damage it in any way. It might come off if you let all the air out of the tyre. Then asides from any othe fines, they can't justify charging a release fee and can just come collect the clamp from the roadside.

IronGiant

Can you justify that comment please, otherwise we'll probably have to remove it.  I think we should assume this is an official clamp, not a cowboy one.

zeppelino

You can backdate the tax but don’t think you’ll get away with not paying the fine. They’ll have time/date recorded and your transaction will be time stamped too.

Presumably this a council fine/clamp as can’t see why a private firm would care unless they own the freehold and it’s part of their terms of use.

nvingo

Sorry, been AFK since posting.
Of course the clamp fitter will have photographed it attached to the car.
It may all be irrelevant now as the purpose for fitting the clamp is to be able to call the tow/lift-truck out and remove the car without the owner retrieving the car first.
The owner only has one chance to retrieve it between clamping and lifting, once the truck arrives it's over and will be taken for crushing, no appeal.
It was unwise of the owner to leave it on the street whether tax-expired or SORN, on his property it couldn't be legally removed. And it's not necessarily been targeted due to malicious reporting but by a ANPR patrol.
Just that the clamp is 'someone's property' and cannot be legally 'damaged', though it's unlikely to be the kind that can be removed without either damage or the key; if the owner can get it off and move the car to his property, the legal battle changes but he still has the car, otherwise it gets taken and crushed.
I've no idea what the situation would become if the owner moved the car onto their own property without taking the clamp off, eg. on a dolly, as then DVLA will need to 'trespass' to retrieve it ( ).

IronGiant

The point was: if you have been officially and legally clamped can you legally remove the clamp yourself?  I don't know, but it seems a bit like perverting the course of justice to me.

Westindieman

If I could get to know what the implications of wheeling it onto my drive or garage (after emptying all the crap that garages store) that should be enough for know, gives me time to work out how to remove it without damage.

IronGiant

1) leave it where it is
2) leave the clamp on
3) Get the paperwork that they must have left with it and see what it says.

Westindieman

Unfortunately, I am not an 'accept what is happening' person without considering everything.