Disqualified from driving by the DVLA questions needing answers please?

[thesquashedgoblin]

Hi to all,

 

First of all, this is my first post on these forums, but I'd like to say hi to everyone who reads this, and a personal thanks in advance to anyone who replies.

 

So secondly, a bit of background information, relevant to this query. In march of this year, I was summoned to magistrates court, to answer for a speeding fine [sP30] which would have resulted in a ban via totting up. I present a defence, pleaded guilty, and the following happened as I am a carer for a disabled relative. The courts found exceptional hardship in my defence, with regards to the relative, and gave me the 3 points [taking me to 12] but waived the ban, while I still had to pay the £65 fine. All done and dusted with; nothing more heard.

 

So about a week ago, I tried to hire a van, needing to move some stuff. So I phoned up a local company, explained the points situation, and they said "fine, we dont have an issue, but we'll have to call the DVLA just to double check it is a valid license" . . . . . a phone call later, the guy says "I'm sorry, but the DVLA have said you are on the disqualified drivers database". To cut a long story short, I'll save you the rants and raves, and harsh language used. I phoned the DVLA and spoke to a very unhelpful person, and basically asked when was I disqualified? What offence did I commit? What for etc etc etc

 

They said that they had sent out letters telling me as such, but I have not recieved any of these letters, furthermore I explained that I have not recieved ANY court summons, for any new offences. I've literally had no information at all; and I was exceptionally upset that from my perspective, they've just randomly decided to ban me from driving. After getting a little bit heated; they asked me to leave it with them, and the enquiry would be handed to the relevant department . . . but I decided to send an email form in as well, to back my call up and get a reference.

 

As yet, I've had no response and my main concern is, I still have a motorbike privately insured . . . but they are unaware of this ban. Or at least havent told me they have found out. So I'm somewhat at a loss; and could do with some guidance and help please?

 

As far as I can see, the only offence this could possibly relate to, is the one I mentioned right at the begining of this post. Also, they wouldnt tell me how long the ban was for, or exactly when it was enforced, only that the paperwork was issued two months ago. They have told me to send my license in, and I have point blank refused, until this cock up is dealt with I'm sending them nothing.

 

Sorry for the mind splurge lol; hopefully someone out there will be able to direct me a bit further with what i can do to get this sorted.

 

Regards, the goblin

[thesquashedgoblin]

Hi again,

 

To further clarify this, now that I've recovered from my mind splurge what I need advice on, is the following:

 

Are the DVLA acting unlawfully, by not supplying me with ANY details of the reasons/purposes for, of the disqualification?

 

Can a court, just randomly decide "Right we've changed our minds; and now you are banned" without first supplying me with information, or issuing me with a summons to court?

 

The DVLA person I spoke to, insisted that they had been informed by the magistrates court, that I was disqualified from driving. The DVLA pro-offered no further information in relation to this statement. Is this correct? Can they "just do this" and what if any legal re-courses do I have at my disposal?

 

Currently, the DVLA have failed to reply to my enquiry, and have failed to reply to my email. Because they have not supplied evidence to suggest why I have been disqualified; can I still drive?

 

I'm seeing a lot of references to writing to my MP; at what stage in the DVLA's lack of correspondence should I do this?

 

Many thanks in advance once again.

[crem]

When you went to court and received the sentence of points/fine, how did the points get put on your licence? Surely you had to surrender your licence to them there and then?

 

If you did, presumably the licence was sent to the DVLA to have the points added, and they then returned it to you showing these new points. If it included a ban, I thought they would have witheld your licence, so you wouldn't have it in your possession now.

 

If you didn't surrender your licence, then this might be part (or all) of the problem. i.e. if you didn't submit your licence to have the points added within a specified time scale, then I think that automatically the system will revoke your licence which may be being inturpreted as a "ban"

[thesquashedgoblin]

Hi Crem, thanks for the reply,

 

Yes I submitted my license there and then, at the court, on the day of sentencing. It was taken off me by the Legal Adviser; and passed to the magistrates I believe. Then a couple of weeks later, I got my license back through the post, though I dont think it was in a brown DVLA marked envelope . . . though I cant be sure. The points and the fine, including the date of sentencing and the date of original offence, and the notes about no disqualification due to exceptional hardship, were only hand written onto my license however, not printed.

 

I made some more calls yesterday, and the Courts were very helpful, they have all my case notes on file and said the information with regards to the statutory declaration I signed, were sent to the DVLA in march this year. The DVLA have said they havent been told of any Stat Dec.

 

So basically, I find out, that the disqualification is from the same offence. Only the courts had been sending correspondence to an old address, and I'd never recieved them, as such in February of this year the courts sentenced and disqualified me in my absence. This is the disqualification the DVLA now have on record still, and while the disqualification period has elapsed, they want me to reapply for my license, but I dont want to because the ban will then be on my record.

 

It wasnt until the current occupier of my former address, came round and gave me a bunch of mail, that I discovered what had gone on, rang the courts immediately. They brought me in to sign the Stat Dec, and then the case went to square one, it was re-heard and then I was sentenced as described above. So the courts are saying that the original ban and fine, were nullified by the Stat Dec and are no longer enforceable, the record of them should have been wiped. The courts have re-sent this info.

 

But now the game is with the DVLA, who have said "when we get the info; we'll take a look . . . cant give an exact time as to when that is" , my response was, well thats just not good enough. This is my license here, this is my relatives only source of mobility we are talking about, the disqualification is wrong in the first place because it was quashed. The replies I got were standard, the courts know what to do, replies. Very unhelpful bunch of people really; and thats being mild.

[crem]

Very unhelpful bunch of people really; and thats being mild.

 

It would appear from that comment that you are indeed speaking to the right department at the DVLA (well actually I think the comment is accurate for ANY department at the DVLA!)

[thesquashedgoblin]

LoL, indeed, that is very true!

 

This site and forum has been invaluable, for helping me understand the wider problems people are having, with an organisation that I previously had mild respect for. What amazes me, is that these people at the DVLA, think that there is nothing wrong with them making a mistake, and then having this half-arsed attitude towards rectifying it. I mean, the guy I spoke to basically just went round in circles saying "The courts know the process. When they send us the information, we will look into it, but I cant give you a timescale." I asked to speak to his manager "I cant put you through to my manager, you will have to write in"

 

So finally, I got so upset, that I just said "If you guys are going to spend weeks, bouncing me from pillar to post, while you dont actually sort this mess out . . . you are leaving me with no choice, and I will have to write to my MP." The cheeky git was like "dont threaten me" their attitude towards customer service is disgusting, they should rename it the "Driver go and f*** yourself helpline" and the term helpline is rather generous of themselves too.

[zoomboy]

Interesting that they see your act of informing your MP as a threat. It's not like you threatned to send your dad round to beat them up!

 

They have no complaints process so what else can you do? Go for it let your MP know, maybe the more of us that do something above them will force a change for others... it's nice to at least hope. It's easy enough to write to your MP, you can do it online at writetothem.com - it works. I've done so 3 times this year.

 

Ultimatley your MP can send a complaint to public sector ombudsman, which you can't do without the help of your MP.

[kwaks]

Is this the DVLA ignoring the instructions of a court?

 

 

Not surprised really, they have been making up their own "laws" for years!

[thesquashedgoblin]

Yep, thats correct, I even had the Deputy Courts Manager of Staffordshire courts service ring them for me. They promised her it would be dealt with yesterday; that didnt happen so I phoned them back up and laid down the ultimatum. "You seem to believe that you are entitled to ignore a representative of Her Majesties Courts Service; lets if you think you can get away with ignoring a Member of Parliament"

 

And I have to say, its surprising how helpful people can get, when you kindly offer to take matters completely over their head. **** rolls downhill as they say.

 

Anyway, looks like I might have this sorted by today.