No response from the DVLA to Miss D’s letters in November and December 2022
13. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen based on the available evidence. Unfortunately, for this part of Miss D’s complaint, we have decided there is not enough available evidence for us to make a fair, evidence-based decision.
14. Miss D told us her late husband died unexpectedly on 13 November 2022. She said she then posted a letter to the DVLA in November 2022 about his car, as she was unsure as to what to do as she had never driven, and after receiving no response to her letter, she sent another in December, which she said she also received no response to.
15. The DVLA said that when Miss D posted letters to it in November and December 2022, it did not receive them. It also said that she posted the letters to: DVLA, Swansea, SA99 1BA, which was the wrong address.
16. As the letters were not sent recorded delivery, which is not a criticism of Miss D’s actions as she was not to know that a situation such as this would occur, we are unable to say whether the DVLA received the letters. Due to this, we are unfortunately unable to make a decision on this part of Miss D’s complaint. This is because there is not enough available evidence for us to make a fair, evidence-based decision about what happened.
The clamping of Miss D’s late husband’s car in April 2023
17. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong when the DVLA clamped Miss D’s late husband’s car in April 2023.
18. Miss D said the DVLA clamped her late husband’s car outside her house on 5 April 2023. She said ‘I don’t drive and knew nothing about DVLA rules, etc. Apparently, the tax had run out’. She said the DVLA told her she would have to pay £260 to have the vehicle unclamped, then she would have to tax it, and if she didn’t do this then the car would be taken away.
19. The DVLA said the car was ‘unlicenced and on public highway’ when it was clamped, which is an offence, and that a vehicle that is unlicenced should be kept on a suitable ‘off road location such as a garage or driveway until such time as it becomes duty compliant’.
20. INF32 Wheelclamping and Removing Vehicles states that ‘every vehicle registered in the United Kingdom (UK) must be taxed if used on a public road.’. It also states that if a car is clamped and a person wishes to have it unclamped, then a release fee of £100 must be paid, and that if the car is not taxed at the time it is unclamped then a surety fee (a deposit paid to the DVLA as the vehicle is not yet taxed) of £160 must also be paid.
21. The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997, Section 3, states that an authorised person has the legal powers to carry out a wheel-clamping action on behalf of the DVLA.
22. We have seen that Miss D’s late husband’s car was untaxed at the time the DVLA wheel-clamped it, and that it was correct to charge the fees it did, which totalled £260. We are therefore unable to say that the DVLA made any mistakes when dealing with Miss D’s late husband’s car. The DVLA has agreed, however, to refund the £260 Miss D paid on the basis that she suffered unfairly given her disabilities, her lack of experience of owning or driving a car (she has no licence) and the bereavement she has suffered.
23. We hope Miss D is happy with the outcome of our investigation and the resolution the DVLA have offered.