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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 13th July 2007, 09:11   #1 (permalink)
acl
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Join Date: Jul 2007
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acl Novitiate
Angry DVLA- Re-voked Licence

On the 1st May 2007 I was driving along a dual carriage way and felt as if I was about to pass out and slowed down but did pass out and crashed my car and somehow managed to avoid all other cars.
I spent a week in hospital and was advised not to drive . All tests was carried out by the hospital EEG, treadmill tests, scans, xrays etc etc and I was told it was syncope and can happen to us all.
I obtained a letter off my GP (£15) which I needed for my company car insurance to say I was fit and well to drive.
I startted back to work and then 1 week later on the 26th June I got a letter off DVLA saying they had been in formed that I was unfit to drive and they had revoked my licence from the 27th JUne 2007.
I called them and faxed and sent a copy of the letter my GP wrote stating that all tests had been carried out and were happy to allow me to drive and that I was on no medication.
They have now said they have rejected my GP letter and revoked my licence for 6 months.
They have not contacted my hospital consultant or my GP and therfore not gained any medical evidence.
I understand that it was the police who informed them of the accident who are not clearly medically trained.
They tell me I now can appeal through the magistrates courts.
any advice would be helpful please.
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Old 13th July 2007, 10:07   #2 (permalink)
Rob S
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Default Re: DVLA- Re-voked Licence

What happens after you have told DVLA about your medical condition : Directgov - Motoring

This is the page that gives info about how DVLA deal with matters when an individual advises them of medical conditions. You can see from this that they may contact your doctor and/or consultant.

If they have informed you that your only option is to appeal to a magistrates court then I would start the process now. Get all the evidence you need from your GP and consultant to prove your case. I would also do a subject access request to DVLA to see exactly what information they have on you relating to this matter.

This document may be useful to you:-

http://www.dvla.gov.uk/media/pdf/medical/aagv1.pdf

Here is a court case in Scotland detailing an appeal against revocation:-

GILLIAN MARGARET CARRUTH v. DOCTOR LINDA CLARKE, QC ADVOCATE GENERAL, 22 November 2005, Sheriff R.S. Vaughan

And from Section 100 Road traffic Act 1988:-

100.—(1) A person who is aggrieved by the Secretary of State's—
  • (a) refusal to grant or revocation of a licence in pursuance of section 92 or 93 of this Act, or
  • (b) determination under section 99(1)(b) of this Act to grant a licence for three years or less, or
  • (c) revocation of a licence in pursuance of section 99(3) of this Act,
or by a notice served on him in pursuance of section 92(5) of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates' court acting for the petty sessions area in which he resides or, in Scotland, to the sheriff within whose jurisdiction he resides.

(2) On any such appeal the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.

(3) It is hereby declared that, without prejudice to section 90 of this Act, in any proceedings under this section the court or sheriff is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.


You should be able to find out more information from your local magistrates court. If you are a member of the RAC or AA they may be able to assist you and going to the CAB is an option.
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Old 13th July 2007, 10:19   #3 (permalink)
Rob S
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Default Re: DVLA- Re-voked Licence

Just one other thought, have you written to the medical adviser at DVLA to arrange a personal interview?
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