DVLA clamps car of seriously ill woman!!!

[babybear39]

Yesterday, to my surprise, two gentlemen clamped my car for non payment of road tax.

 

The reason I cannot tax my car is that the MOT expired before I could deal with it. I have explained this on may occasions to the DVLA but find, to my frustration, that they are an imoveable corporate beast intent on behaving like jobsworth sheep!

 

They have now given me 'til close of business tomorrow to get a letter faxed to them outlining my condition.

 

I have to wait until 4.30 pm to call back my GP and grovel for a letter costing £30 to be faxed to DVLA!

[sailor sam]

If you would like opinions on this, can you expand on a few things;

 

How long ago did the last tax disc expire? Did you not know that the MOT was due to expire? Have you had any correspondence from the DVLA about this?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[babybear39]

No correspondence.

 

Tax expired end of March.

 

Of course I knew the MOT expired but I had to get a new logbook.

 

Brain damaged I am. Stoopid I am not!

[sailor sam]

No correspondence.

 

Tax expired end of March.

 

Of course I knew the MOT expired but I had to get a new logbook.

 

Brain damaged I am. Stoopid I am not!

 

I'm not suggesting your' 'stoopid' and I have every sympothy for your illness. However, i'm not sure the DVLA would know you have an illness when you car was clamped. You say you had to get a new logbook (V5) which suggests that you bought the car recently? If so, this may be the reason you have had no letters/fines ect. They probably went to the previous keeper.

 

Unfortunately though, you car has remained untaxed for 2 months and you appear to have kept it on a public road. Perhaps you could ofconsidered SORNing it? In any event, I cannot see what the DVLA have done wrong here. I'm afraid the rules apply to everyone.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

Edited June 9, 2010 by sailor sam

[babybear39]

I tried to SORN it. Thier computer said no.

[buzby]

What was the reason for rejection?

[babybear39]

Because, after I moved house, I couldn't find the logbook!

[sailor sam]

With respect, thats not the DVLA'a fault and there are ways and means of getting another. In your 'many occasions' of talking to the DVLA, didn't you mention it to them?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[babybear39]

Of course I did.

[my-spirit-soars-free]

Are you a blue badge holder? If so, was your vehicle displaying the blue badge? (My understanding is that it is not legal to clamp a vehicle displaying a blue badge on the road). Is your vehicle registered as a "disabled" class vehicle?

[babybear39]

I'm going through the process of getting all that sorted...

[my-spirit-soars-free]

I am still confused. You say you did not tax the car as the MOT had expired. You don't need the logbook to MOT the car, you just get the garage to MOT it?

 

Were you using the car without an MOT? If so you may find that your insurance is not valid either. You may therefore be opening a whole can of worms if you are claiming you need the car urgently due to your disability.

 

The exemption from clamping for blue badge holders could be tricky to claim if the car is not MOTed (I know you don't have the blue badge yet, but I suspect they will treat the GPs letter in the same way). DVLA may well say that you can't have been using it without an MOT, so there is no reason not to clamp it - the exemption from clamping is purely because it is assumed that a disabled person cannot get around without the car. Driving without insurance/ MOT is a rather more serious offence than just not paying the tax, and could get you points on your licence.

 

If the car is not MOTed, then your best bet would probably be to book an MOT straight after it gets unclamped, and take it to the MOT centre, and leave it there, off road. I assume you have now applied for the logbook, so that should be arriving pretty soon?

[babybear39]

In January I suffered a colapse at home and wasn't found until the following day. Got rushed to hospital, suffered a cardiac arrest, scepsis, liver and kidney failure, rhabdomyolysis and pneumonia. I was in a coma for 4 weeks and on dialysis. Then transfered to a high dependancy ward with the veiw of making me medically stable in order to go through rehabilitation.

 

I can't walk properly, have nerve and brain damage and generally have enormous difficulty functioning. My primary care at the moment is from the occupational therapists that visit daily.

[buzby]

And after all this, nobody at any time thought it worthwhile to check on the unimportant things that could come along and cost you dearly for non compliance? Even Council Taxes are enforced providing you're still breathing.

[sailor sam]

In January I suffered a colapse at home and wasn't found until the following day. Got rushed to hospital, suffered a cardiac arrest, scepsis, liver and kidney failure, rhabdomyolysis and pneumonia. I was in a coma for 4 weeks and on dialysis. Then transfered to a high dependancy ward with the veiw of making me medically stable in order to go through rehabilitation.

 

I can't walk properly, have nerve and brain damage and generally have enormous difficulty functioning. My primary care at the moment is from the occupational therapists that visit daily.

 

You have my greatest sympothy. My dad had a similar situ as well.

 

But I have to ask the obvious questions, and please understand why i'm asking; Are DVLA aware of this and have they asked you to take a medical? Is there not another member of your family that could help you with the motoring side of things?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[babybear39]

It was just one of those things that kept getting pushed to the back of the queue...

[babybear39]

DVLA have accepted medical proof a few hours ago and agreed to remove the clamp FOC. The car will then be moved a few yards into a private parking area. I will then declare it SORN. DVLA have advised that they are going to question my ability to drive...I sincerely wish I could, but I can't!

[sailor sam]

DVLA have accepted medical proof a few hours ago and agreed to remove the clamp FOC. The car will then be moved a few yards into a private parking area. I will then declare it SORN. DVLA have advised that they are going to question my ability to drive...I sincerely wish I could, but I can't!

 

Good news! DVLA seemed to have been sympothetic in this case.

 

As for your car, isn't there someone who can drive it for you? My mother cannot drive but used to keep a car and get a friend to take her out in it.

You may also qualify for Motorbility. Sounds like you could do with some help from perhaps a relative?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[my-spirit-soars-free]

It sounds to me like you need some more help than you are getting - who sent the OT out to you, was that the hospital? Is the OT talking of getting you additional help? Have you told her what happened with your car?

 

Has your GP told you to ring your local social services adult team? In this area they accept self-referrals as well, so it would not matter if he has not. They *should* come out to assess your needs (in my case they fitted rails onto anything that could not move out of the way fast enough), put ramps in, etc. They may also be able to put you in touch with the local social services.

 

Your local CAB may well be able to come out and spend some time with you sorting out your paperwork. It strikes me like you need someone to sit down with you to help you with your paperwork, help you apply for DLA/blue badge/car tax exemption, check that you are getting all the benefits you are entitled to, check that everyone who needs to know about your health condition knows - the sort of thing that seems so daunting when it has all built up and you have to tackle it on your own, and is so much easier when you can talk it through with someone else.

 

They *should* also have a list of organisations that may be able to help you, possibly in ways that you had not thought of - like in this area the schools do D of E, so are looking for volunteering opportunities for their teenagers. Nothing too hard, as many of them are very academic and totally impractical - but they are very grateful for the chance to mow a lawn every week, or put a washing line up, or wash down some ground floor windows.

[babybear39]

Quick update...

 

ATS collected my car, sorted MOT and new battery, returned car to private parking space an car SORN'd.

 

Few days later recieved a fine. Got MP etc. involved and the fine was cancelled and apologies given. Strange what a letter from Westminster can do

 

True to their word DVLA have sent me forms questioning my fitness to hold a licence. Forms returned, awaiting response.

 

Meanwhile, DLA review decision recieved and I'm entitled to HIGHER rate mobility.

 

Will update whn more info. available

[babybear39]

I've thrown the towel in and am surrendering my license because DVLA are too incompetant to even get info. from my GP!!!

 

I will however, be making a formal complaint about each and every department of DVLA I have had the 'pleasure' of dealing with.

 

Oh, and there's the not so small matter of serious breach of the DPA Someone's going to wish they hadn't crossed me

[buzby]

Sorry to hear that, it just goes to show if they don;t get you one what, they'll manage another.

 

What's the DPA breach? They have wide-ranging exemptinns regarding personal data disclosure, all sanctionewd under the DPA, so if this is one of these, your complaint may fall on deaf ears.

[babybear39]

It doesn't

 

My next move is to SAR the DVLA which I really need help with. Any takers?

[buzby]

Why? £10 to provide your driving record? Might be an expensive 2 sheets of paper....

[babybear39]

SAR to disclose ALL info. including telephone calls (including the one where they breached DPA by disclosing personal info. about me, WITHOUT my consent, to a journalist!), passing of info. to different departments and emails etc....