Bike Impounded

Originally Posted by Biker Biggles

I assume you have the tax disc?If so produce it and state that you keep it on your person to avoid theft.Providing it was valid at the time they lifted your bike some common sense might prevail.I know I live in hope in our lunatics running the asylum country but good luck.

Yes, I have the tax disc, receipts etc stamped 17/06. It would be a fine thing if revenue and tick-boxes were overruled by the human touch!

Originally Posted by tigersaw

Or you were indeed displaying it, someone must have stolen it from your bike that very same day.

Lol!

Originally Posted by RatchetJob

Ask to speak to the most senior person you can. Then ask under which circumstances a vehicle may be impounded.

They will probably say if it is abandoned or untaxed.

Then ask what the penalty is for failing to display a valid tax disc. They may not know so remind them that it is a fixed penalty of £60.

Then ask them to release your vehicle as it has been impounded unnecessarily.

When they say it was impounded because it was untaxed you can produce the tax disc and receipt showing that it had a valid tax disc at the time it was lifted.

Therefore it was impounded unnecessarily.

They may want to push the matter, saying you didn't display a valid disc. But as you have already said the penalty for that is a £60 fine not impounding.

They will make excuses like the system said it wasn't taxed but you have evidence that clearly states it was. That particular problem is with the system not you.

You may want to ask them to check the system again. This may show the date that the bike was taxed as it is likely to have been updated since.

Don't bend over an pay the release fee - fight it out.

You will however be admitting to failure to display and be liable for a £60 fine.

But that's the lesser of two evils.

That's just the sort of advice I was looking for. It has to be worth a go before I shell out. Thank you very much, sir!

Jason

[Red Herring]

Where exactly was the bike and who seized it?
The council don't have the power to remove an untaxed vehicle from the road, only if it is on their property (there will be some by-law that allows them to do so and you will probably find that it doesn't actually matter if it is taxed or not, it just has to be NOT DISPLAYING a tax disc). Likewise the DVLA can only seize an untaxed vehicle if it is on a road that is maintained at public expense, and as has been said they would have checked their database before doing so.

[ethariel]

Just point out to them that 'impounding' the bike did not mean scratching it, point out the scratches that were not there when you parked up and sue them...... (well im assuming they have a duty of care to ensure the vehicle they impound is not damaged by them or thier contractors, and i doubt they took 100% coverage closeup stills of the bike either!)

Originally Posted by ethariel

...(well im assuming they have a duty of care to ensure the vehicle they impound is not damaged by them or thier contractors, and i doubt they took 100% coverage closeup stills of the bike either!)

Duty of care doesn't come into it. Bear in mind that the DVLA will crush vehicles that they believe to be untaxed if not claimed after a certain period.

[Red Herring]

Why do people always seek to get financial redress dishonestly? Don't you think he should get his bike back first and have a look at it before you start suggesting he "sue" them for "scratches" that they may not have caused.

[Biker Biggles]

Originally Posted by Red Herring

Why do people always seek to get financial redress dishonestly? Don't you think he should get his bike back first and have a look at it before you start suggesting he "sue" them for "scratches" that they may not have caused.

Maybe its about fighting back at the bullying jobsworths who took away the blokes property and made life a misery for him?I think Id be looking to get something out of it if possible too.

[Viney]

As far as i understand it, you can now (Since recently) ride/driven a wehicle on a public highway without displaying a disc upto 5 days AFTER you have taxed the vehicle. However, this only applies to tax that is purchased online. If you done this, and you have the reference number, then they have moved your bike unlawfully. If you bought you disc over the counter, then as said, you are sadly in the worng, however harsh camden council have been!

Originally Posted by Viney

If you bought you disc over the counter, then as said, you are sadly in the worng, however harsh camden council have been!

OP is wrong for not displaying and the penalty is a £60 FPN not removal of the vehicle.
Camden Council are wrong for removing a taxed vehicle.
DVLA are wrong for not updating their systems quickly enough to spot the problem and (incorrectly) informing the council that it was untaxed.

(Remember the council won't remove the vehicle without checking with DVLA first even if no disc is displayed)

The ideal outcome is:

OP should pay £60 fine for not displaying.
Camden council should not impose any release fee or storage charge.
DVLA should get their act together.

[Red Herring]

Originally Posted by Biker Biggles

Maybe its about fighting back at the bullying jobsworths who took away the blokes property and made life a misery for him?I think Id be looking to get something out of it if possible too.

I think we should first establish if that is what they did. If the rules are that you can't park in their car park without displaying a tax disc then if you don't like that park somewhere else. It's their car park. If they seized the bike when they shouldn't have then by all means seek redress for that, there will be a procedure for doing so and it should work. You don't need to resort to breaking the law by making false claims for damage, and trying to justify doing so by claiming they are "bullying jobsworth" is just plain pathetic.

how this is what ive gathered so please correct if im wrong
you purchesed tax, next day parked bike, came back another day to find bike missing, tracked down bike to impound lot , problem began
if this is the case take valid in date tax and ref number from earlier phone call to dvla to manager of impounders, inform them that mistakenly they have impounded your bike illegally and you want it back forth with without predudice, and if they do not do this immediately after you producing the evidence you will not only report them to the police for theft-handleing stolen goods-taking without concent- withholding legal access to property ,followed by trading standards, accept this may take an hour or so to verify your evidence but no longer will be accepted, also take with you 2 copies of a statement with something like "mr **** and ***** bike lifters agree that bike **** was removed accidently from ***** parking space and both parties have agreed to the return of ***** bike without any charges or recrimination to ethier afore mentioned party, upon both parties signing this document the matter is closed in full from this point on" have both of you sign both copyies you take one him the other and thats that
if that doesnt work get a good brief take a diary of events with you plus copies of what docs youve show and the offer you made and let them run with it
after that whatever is done then is done and your out of options