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Leonore

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  1. Further to your question one. I maybe did not make it clear. Statutory one year off the road. Then a further two years and some months.
  2. Happy to help if I can Answers to your questions 1) Statutory one year off the road (during which time I surrendered my license. I should have been told by the DVLA that I might be elegible to be treated as an exceptional case, (see Ombudsman's report) but wasn't. If I had known, I would have not surrendered voluntarily. 2) Can't remember which is which, but I am just an ordinary driver - not HGV or business 3) Initially, to the Court Appeal yes. Thereafter - ICA/MP/OMBUDSMAN No. 4) Yes 5) Didn't get that far - as I said crucial evidence needed for my case "went missing" (was destroyed by DVLA - see Ombudsman's report). Therefore two adjournments and I finally ran out of money and took the MP/Ombudsman route and offered to take another driving test. I doubt whether the Magistrates have the power to issue a license. 6) See above 7) I will never know. The DMG changed their evidence after the first adjournment and having by then seen my Specialist's report. They presented new evidence for their decision, which had not been recorded on their system at the time of making the decision on my revocation (see Ombudsman's report). After this behaviour I abandoned my appeal and took it further.
  3. TO ANSWER YOUR QUESTIONS (as best I can) a)Good idea - my point was really to make sure that people had some sort of record of correspondence and postage. b) Complaints (as I did it): through their complaints procedure (6 months time limit from revocation to launch appeal through Magistrates Court to CEO to ICA to MP to OMBUDSMAN c) That may be right; you had (when I did it) to go through the Complaints team which took you to CEO then ICA. d) There absolutely IS - When I did it, you had to have the approval of the MP, who would place the complaint before the Ombudsman. My MP was extremely helpful! I cannot speak too highly of the Ombudsman's handling of the case. For years I felt like a small voice shouting as loudly as I could for justice, and no-one was listening until my case arrived on the Ombudsman's doorstep. e) I went through Magistrates Court. DVLA caused two adjournments and were subject to two court orders for non-disclosure of crucial information which was required for my case. They had destroyed it, knowing the appeal was running, we subsequently found out. (See Ombudsman's report) The whole procedure cost me a lot of money - I am not surprised people don't take it as far as the Courts - faced with such a monetary outlay and a defensive/obstructive agency, it is easy to see whey complainants just give up . In answer to you last question. yes, yes and yes.
  4. I hope by now they have made a decision. You may be interested to read the OMBUDSMAN'S REPORT "Driven to Despair" I cannot post a link, but you will find it under Ombudsman+Driven to Despair. This highlights the fact that the DVLA have in the past, and obviously continue to over-rule Specialist consultant's advice. In my case, the assumption of a gynaecologist, GP and geriatrician on a question of vision over-ruled the specialist Opthomologist from Moorfields . The Ombudsman's report was laid before Parliament on 20 October. DVLA are still refusing to comply to two of her findings, one of which you might find very interesting. The case handling of DVLA has been highlighted as one of the points for consideration. If you have not received your license, I suggest you read the report and quote it to them. (Do remember always to keep a copy of correspondence and sent it recorded delivery, as they have been know to destroy important evidence, even if it is needed for a Court Appeal - see Ombudsman's report. It will be difficult to raise an Appeal through the Courts until they have actually refused your license. However, there is no harm in taking the Ombudsman's report to your MP, along with your complaint, as the DVLA are now going to be answerable to Parliament, so the more complainants that speak up the better. There are others out there who have been treated in a similar way, and as Dame Julie Mellor the Ombudsman says, they are being denied justice. I really sympathise with you. My case took seven years to sort out, and a lot of money - all, fortunately refunded as a result of this Report. Stick with it. Good luck!
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