Have you found your car clamped and don’t know how to go about removing it from your car? Don’t worry, you’re in the right place. We’re going to go through everything there is to know about having your car clamped, your rights, and ultimately, how to go about removing a clamp from your car.
Understanding the DVLA Clamping Process
Before diving into what to do next, it’s essential to understand the clamping process carried out by the DVLA and other lawful authorities. The DVLA clamps vehicles primarily to enforce regulations related to vehicle taxation.
If your car is untaxed or improperly parked, it can be clamped. This measure ensures compliance with road safety and tax regulations. Additionally, local councils and the Police have the authority to clamp vehicles that violate parking rules or pose a hazard.
When Can Your Car Be Clamped?
Your car can be clamped if it’s parked incorrectly or untaxed under the Vehicle Seizure Regulations. This enforcement can only be carried out by lawful authorities such as the Police, the DVLA, or local councils and authorities.
If your vehicle is parked on private land, it cannot be clamped, blocked, or towed away without lawful authority. The DVLA often clamps cars that are untaxed. Understanding when your car can be clamped can help you avoid unnecessary complications and fines.
What Are Your Rights?
If your vehicle has been clamped, you have the right to challenge this decision. To appeal, you should contact the number on the wheel clamp to request its release. It’s also a good idea to take photos of where your car is parked and the wheel clamp for evidence.
These photos can be crucial if you need to contest the clamping in court. In Scotland, it is illegal for a private company to place a clamp on a vehicle on private land. If this happens, you should call the Police immediately. Knowing your rights can empower you to take the appropriate steps to resolve the situation.
Source: Money Saving Expert
As you can see from above, this motorist was forced into paying on the basis that they were on private land. While they may have been on a public highway, it’s important for you to check these details before paying any money.
How Long Before It’s Unclamped?
According to the DVLA, you should settle the amount due within 24 hours. Typically, a vehicle is unclamped within 24 hours after payment. Ensuring prompt payment can help you avoid further complications and get your car back on the road quickly.
However, delays can occur, especially if there are issues with processing your payment or if the clamping was carried out incorrectly. Always keep a record of your payment and any communication with the authorities to protect your interests.
Can You Remove the Wheel Clamp Yourself?
No, it is an offence to remove a wheel clamp under Section 68.1 of Schedule 12 (TCEA 2007). You could face prison time or a fine for removing the clamp yourself. Only a court can determine if a bailiff acted legally when clamping your car.
Therefore, it is essential to follow the legal procedures to have the clamp removed. Attempting to remove the clamp on your own not only risks legal penalties but can also damage your vehicle, leading to additional costs and complications.
What Happens If You Remove It?
If you remove the clamp, an enforcement agent will notify the Police, who will attempt to locate your vehicle using ANPR. If found, your car will be impounded, and you risk being arrested. Removing the clamp yourself can lead to severe legal consequences, so it’s crucial to handle the situation according to the law.
Additionally, your vehicle could be subject to further fines and fees, compounding your initial problem. Always seek legal advice if you are unsure about the next steps to take.
How Long Can a Bailiff Clamp Your Car For?
Once your car is clamped by a bailiff, you have 2 hours to pay what you owe. After this period, the bailiff can tow your vehicle, provided they follow the UK’s vehicle towing rules. Bailiffs cannot charge a removal fee unless the 2-hour period has elapsed.
It’s important to act quickly to resolve the issue and avoid additional fees. Knowing the time frame you have to respond can help you manage the situation more effectively and prevent your vehicle from being towed.
Is It Illegal to Clamp on Private Property?
Under the Protection of Freedoms Act, it is illegal to clamp or tow a motor vehicle on private land without lawful authority. If your car has been clamped, you should first determine who clamped your car to see if it’s a lawful authority. Make sure it’s not the Police or DVLA. Do not attempt to remove the wheel clamp yourself, as this could lead to prosecution.
Contact the number on the wheel clamp to request its removal. Remember, while landowners or parking operators can issue Parking Charge Notices, they cannot clamp cars without lawful authority.
Dealing with Private Clamping Companies
Private clamping companies operate under different regulations than public authorities. While they cannot legally clamp your car on private land without proper authority, some may attempt to do so. If you find your vehicle clamped by a private company, first verify their authority. Ask for identification and the legal grounds for clamping your vehicle.
If they cannot provide this, you may have grounds to report them for illegal clamping. Always document the incident thoroughly, including taking photos and notes about the situation.
Can I Appeal a Clamping Decision?
If you believe your vehicle was clamped unfairly, you have the right to appeal. Start by gathering all relevant evidence, including photos, payment receipts, and any correspondence with the clamping authority. Contact the organisation responsible for the clamping and formally submit your appeal.
Be clear and concise in your appeal, outlining why you believe the clamping was unjustified. If your initial appeal is rejected, you may have the option to escalate the case to an independent adjudicator or court.
What Costs Are Involved?
Being clamped can incur several costs, including release fees and potentially additional fines. The release fee is the amount you must pay to have the clamp removed. This fee varies depending on the authority and the reason for clamping.
If your vehicle is towed, additional storage fees may apply, and you could be charged daily until you retrieve your car. It’s crucial to address the issue promptly to minimise these costs. Ensure you keep all receipts and records of payments made for future reference.
Preventing Future Clamping Incidents
To avoid your vehicle being clamped in the future, ensure it is always properly taxed and parked according to local regulations. Regularly check your vehicle’s tax status and renew it promptly. When parking, always carefully read local signage and restrictions.
If you use private parking facilities on a regular basis, familiarise yourself with their rules to avoid any violations. Being proactive can save you from the hassle and costs associated with having your vehicle clamped.
Get Legal Advice
If you find yourself in a complex situation regarding vehicle clamping, seeking legal advice can be beneficial. A solicitor can provide guidance on your rights and the best course of action. They can help you understand the legal implications and assist you in filing appeals or taking legal action if necessary.
While legal services can be costly, they may save you from more significant expenses and complications in the long run.