Controversy as 29 untaxed vehicles clamped in Inverness in first three days of DVLA crackdown
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Motorists in Inverness are being hit by a sudden spate of car-clampings by the DVLA.
The UK Government agency, using a private contractor, launched the crackdown on untaxed vehicles in the city on Wednesday this week.
As of this morning, some 29 vehicles had been clamped, with the Merkinch and Dalneigh areas first to be targeted.
The move drew criticism former Highland councillor Alan Duffy who questioned the legality of the action under Scottish law, as opposed to the law in England and Wales.
A DVLA spokeswoman said: “Wheel clamping is one of a range of enforcement measures used to tackle vehicle tax evasion.
“As part of their day-to-day enforcement activities, DVLA’s national wheel clamping partner, NSL, goes to different areas of the country and can take action against untaxed vehicles seen on the road.
“DVLA also takes action direct from our record, so we are able to issue late licensing penalties or out-of-court settlements direct to the keeper of an untaxed vehicle.
“NSL have been working in the Inverness area as part of their day to day enforcement activities since 13 December and so far clamped 29 untaxed vehicles.”
Mr Duffy, who lives close to the city districts targetted, is investigating whether clamping vehicles parked on public roads is legal in Scotland.
He said: “I have contacted my colleagues in Westminster and I spoke to one solicitor by trade as well.
“It is my understanding that there has been a law-change in Scotland where not even the police or the DVLA can clamp vehicles, except in exceptional circumstances.
“They have to go through courts and write to people before doing that.”
Aside from the legality, Mr Duffy, who lives close to Merkinch and Dalneigh, had moral objections to the targetting of motorists in less affluent areas of Inverness in the run-up to Christmas.
He said: “They are starting with two of the more deprived areas of the city. People need vehicles for work and this can cause excessive stress and hardship, at a particularly difficult time of year for people.
“The way I see it is, you have to prove the people are driving the vehicle and then pull them over. Then they can be taken to court.
“This just seems like a very petty way for the DVLA to try to claw some money back in.”
The Courier is attempting to source expert legal advice from motoring law firms to clarify the situation.
But Citizen’s Advice Scotland’s website suggests the action is legal if cars are parked on public roads, stating: “It's illegal for a private company to wheel-clamp a car on private land in Scotland.
“In exceptional cases, the police, the local council or the Driver and Vehicle Licensing Agency (DVLA) can clamp or get cars towed away on private land.
“The police, the local council or the DVLA can clamp and tow away cars or other vehicles parked illegally on roads or public land.
“The DVLA can act when it has the lawful authority to do so if a car is untaxed – unless it's on your own property.”
