Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default DVLA disqualification error

    Hi,
    during the 90s i built up a enormous driving record, ranging from no insurance to driving whilst disqualified (no drink driving though), i just drove cars with no regard for the law. In 1998 i ended my driving spree with 3 separate driving bans (3 different county courts) of 15 years disqualification. I am now near 40 years old, settled down with wife and kids.
    Last December 10 years of my ban was up and i have had no driving offences within that period, so i contacted a solicitor and asked him could he ask the courts to have my ban reduced, as i am law obiding and i think i have learned my lesson, as 15 years was a very long time. My solicitor says theres a good possibility i should get my disqualification reduced.
    Anyway, a week or two in february i couldnt get a hold of my solicitor, so i went ahead and phoned the DVLA and asked has my driving disqualification been reduced. They said that i could apply for my provissional license now as my driving ban has ended, as they have no record of 15 year disqualifications.
    I thought brilliant, i applied for it, and got it, i bought a car, insured it, and i have put in for my theory test and i'm due to sit it on 7th May.
    Today i was pulled over by the police and they told me that their records show that i am a disqualified driver, i said that they were mistaking and that i got my license reduced, and that i am right for the road, as i has all the right documents and experienced driver beside me, they took the driving license number of my license and told me they will get back to me.
    I phoned my solicitor and told him what happened, he said that there are barristers dealing with my case and that i havent got dates yet for my courts appearances and that i am still disqualified. I ask him how can this be, so I have to go in to see the solicitor tomorrow, and see what mess i am in, he said that legelly i was driving whilst disqualified, and i could get convicted for it. And to stop driving straight away (which i did).
    Now i'm worried if i do get convicted it could ruin any chances of getting my license back early and also getting a further ban.
    I'm planing on handing over my driving license and insurance to my solicitor tomorrow to prove to the court (if needs be) that i havent driven from today and until everything is sorted.
    Has anyone got themselves into a mess like this before, and if so what was the outcome? How can the DVLA make 3 different individual mistakes, yes, it would be possible not to record a one off 15 year ban, but 3 different disqualifications?


  2. #2
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    Default Re: DVLA disqualification error

    Quote Originally Posted by fitcy View Post
    during the 90s i built up a enormous driving record, ranging from no insurance to driving whilst disqualified (no drink driving though), i just drove cars with no regard for the law. In 1998 i ended my driving spree with 3 separate driving bans (3 different county courts) of 15 years disqualification.
    County Courts do not dispense driving disqualification - they are a criminal matter for the criminal courts
    Last December 10 years of my ban was up and i have had no driving offences within that period,
    Since you are disqualified, there should be no possibility of committing further driving offences without also being charged (and possibly jailed) for driving whilst disqualified.


    I thought brilliant, i applied for it, and got it, i bought a car, insured it, and i have put in for my theory test and i'm due to sit it on 7th May.
    So having engaged a solicitor to act for you, you then decided to act in the basis of a single unverifiable phone callicon?

    Today i was pulled over by the police and they told me that their records show that i am a disqualified driver, i said that they were mistaking and that i got my license reduced, and that i am right for the road, as i has all the right documents and experienced driver beside me, they took the driving license number of my license and told me they will get back to me.
    I phoned my solicitor and told him what happened, he said that there are barristers dealing with my case and that i havent got dates yet for my courts appearances and that i am still disqualified. I ask him how can this be, so I have to go in to see the solicitor tomorrow, and see what mess i am in, he said that legelly i was driving whilst disqualified, and i could get convicted for it. And to stop driving straight away (which i did).
    Now i'm worried if i do get convicted it could ruin any chances of getting my license back early and also getting a further ban.
    A further ban is the least of your worried - driving whilst disqualified is serious and could lead to jail.

    The glimmer of hope here is that DVLA issued you a provisional licence despite the fact you were disqualified. The Officer concerned also has doubts, as he could have seized the vehicle on the spot for driving with no licence and no insurance (your insurance is subject to you having a valid licence)
    I'm planing on handing over my driving license and insurance to my solicitor tomorrow to prove to the court (if needs be) that i havent driven from today and until everything is sorted.
    Handing these documents to somebody else doesn't prove anything. With your driving history, you should know that
    How can the DVLA make 3 different individual mistakes, yes, it would be possible not to record a one off 15 year ban, but 3 different disqualifications?
    I would SARicon the DVLA to see what they do hold about you.

    AFAIK, you solicitor has to appeal to the Court who awarded the disqualification to get its term reduced. The DVLA only act to record the Court's decisions; they have no authority to reduced the disqualification


  3. #3
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    Default Re: DVLA disqualification error

    It is unusual for the police to pull over a learner driver if displaying L plates. What were the circumstances that they picked on you?


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    Default Re: DVLA disqualification error

    Quote Originally Posted by patdavies View Post
    County Courts do not dispense driving disqualification - they are a criminal matter for the criminal courts
    Since you are disqualified, there should be no possibility of committing further driving offences without also being charged (and possibly jailed) for driving whilst disqualified.
    Sorry, I mean that i was disqualified in 3 different Magistrate courts in 3 different counties within the year of 1998

    So having engaged a solicitor to act for you, you then decided to act in the basis of a single unverifiable phone callicon?
    The way i looked at it, you couldnt get any more verified than the DVLA

    A further ban is the least of your worried - driving whilst disqualified is serious and could lead to jail.
    If you were a Magistrate judge would you send someone to prison for a crime they didnt know they committed?


    The glimmer of hope here is that DVLA issued you a provisional licence despite the fact you were disqualified. The Officer concerned also has doubts, as he could have seized the vehicle on the spot for driving with no licence and no insurance (your insurance is subject to you having a valid licence)
    Handing these documents to somebody else doesn't prove anything. With your driving history, you should know that
    I would SARicon the DVLA to see what they do hold about you.
    I will get my solicitor to do that for me

    AFAIK, you solicitor has to appeal to the Court who awarded the disqualification to get its term reduced. The DVLA only act to record the Court's decisions; they have no authority to reduced the disqualification
    Yes i know that now
    Thank you for all you advice


  5. #5
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    Default Re: DVLA disqualification error

    Quote Originally Posted by Surfer01 View Post
    It is unusual for the police to pull over a learner driver if displaying L plates. What were the circumstances that they picked on you?
    I was flagged by the police cars onboard computer, that my car was registered to a disqualified driver (namely me).



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