BX16V.com Forum

hey folks,
well check this story out. as some know i put my car in for the mot and it failed! surprise surprise, but anyhow instructed them to go ahead and fix it. was walking down the street past the garage last monday and seen my car parked on the public road untaxed so i popped into the garage and told the guys the car is untaxed you cant leave it out there, he says yeah ok! then next thing i get a call today from the garage saying eh, sorry weve just been out to get your car to take it to the auto sparky and found its been clamped by the DVLA. you need to pay £200 today! or tomorrow its double, and if not paid in 7 days it gets towed. he says its not our responsibility for your cars taxing. i was like i told you about the situation and you failed to act on it i did the right thing having it insured to be driven there and left it on garage property then you guys put it in the street. so anyhow ive left it with my lawyer so we will see.

cheers rossco

thats an absolute disgrace! when you have the receipt from the garge for the work u could write to the DVLA and detail the situation, with the invoice as proof they were responsible for the car at that time, spose it doesnt avoid the fine now.....but good luck

thats outragous matey! if you informed the garage that the car was nt taxed and they shouldnt leave it ont he road as they had then its there issue! if you can remember it would be good tio have a time that you actually popped in to mention it! also worth checking the car for damage possibly inflicted by the clamp as the car lowers itself as the garage should also be liable for this! end of the day you informed them it wasnt taxed (and its not difficult to look in a window is it!) and that it shouldnt be parked on the street and they ignoed you and your car got clamped!!

I would get in touch with the people who've clamped the car (where is it now, still at roadside or been towed?) and explain that the car went for MOT on x date (I know it was recent) and that you then booked it in for remedial work at this garage which is all quite legal on an untaxed car. If you've got the failure sheet that'll help, and give them the garage owners details so they can verify it was booked in.

I think what you'll end up having to do is caugh up now to get the car back before the bills get silly and then argue the case to get the money back. If you can't get it back then take the garage to small claims court.

Adrian

hi guys,
yeah your right! basically i informed them of their mistake and they failed to act on that. the only good news is that the initial bill for clamp removal is £200 but if you tax the car within 14 days you get £120 back. now while on the phone i managed to get the garage to agree to pay half of the £80 total and said i would go half'ers on it with them on the condition that they paid the £200 bill now, hehehe which they have, then ive called my lawyer to make sure i can win the case if it becomes a legal issue, so ive instructed my lawyer to contact them to tell them im not paying half of it as its their fault anyhow. so the guy at the garage will be pissed as he used his own credit card!! we will see what happens next when he finds out im not paying up for it, watch this space!

rossco

...bollo**s to that, phone your local BBC radio stations consumer programme.... if the car is in their hands at the time of clamping it is their responsability in law, end of... that includes damage aswell as parking fines, speeding tickets..etc,etc...

rossco, i would seriously advise that youwait for your Sollicitor to contact them when you have the cra back or you may find you get into all forms of hassle with it!

Hey guys,
well update today, my lawyer hasn't yet called them but they called me saying the car is now mot'd and ready with a bill of £170 something which includes £40 for half the fine. so i just told em i will be in touch shortly. thankfully ive been told because the hp pump is a bit lazy the car was left in the street with suspension set a max height to avoid waiting for it to come up the next day, so doesnt sounds like any damage done. will update soon

rossco