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    • Hi. I am reading through the full thread and will continue to research. I have come across a reference to a form called N180 DQ in the thread, but I cannot see any reference to this form in my case nor can I see it on the MoneyClaim website. Should I have been sent this form? Thanks 
    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help, Incorrectly Revoked by DVLA!


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Hi everyone, I need help. Ive got a Full UK driveing licence which i passed first time on 22-11-06, Ive got 6 points on my licence but the last time I got points I went to court in 2009 well over my 2 years new driver probation, but the court revoked my licence and i had to pay an insane 800 fine just for doing 36 in a 30 limit. Anyway the court revoked my licence and sent it off to the DVLA for whatever they do with revoked licences, i didnt get it back though. I ended up loseing my job because i was revoked.....hes the weird part......i received a letter yesterday 28-01-11 from DVLA saying....

-----------------------------------

Dear *****

Please take time to to read this letter, as it requires you to take action regarding your driving licence.

 

As part of our continued commitment to provide the best customer service we have carried out a recent review of our driver records. Unfortunatly due to an error in the notification of your endorsements, you were revoked under the New Drivers Act incorrectly.

 

I appreciate that this has occured due to no fault of your own, however if you are still in possesion of your driving licence issue number --- then you do not have to take any further action. If you no longer have the above licence, then please advise us of this and we will issue you with a new licence free of charge.

 

May I take this oppertunity to apologise for any inconveniance this may have caused you.

 

Yours sincerely

Abigale Holmes

---------------------------------

What do I do because im really confused, i was told i was revoked and now there saying im not??

Thanks for any advise/help in advance

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Something is not very clear.

Courts cannot revoke licences, they may disqualify drivers. It's DVLA that can revoke the licence of new drivers, which is a completely different process.

Was the date of the 2009 offence within the 2 years?

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Although any court appearance in 2009 would definately been at least 2 years after you got your licence on 22/11/06, what matters is was the OFFENCE date within the 2 years? i.e. if the offence was on 10/11/08 but you didn't go to court till 15/01/09, you will still be revoked for the offence been within your first 2 years.

 

If something has gone wrong, and the letter from the DVLA seems to imply it has, then I think you may need a solicitor to advise what recompense is available to you. As you suffered some direct and significant losses due to this error, I think you need advise on whether (and who) you can sue for your loss.

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I was caught speeding (36 in a 30) on the 19-4-2009 and i went to court in june 2009 which is well over my 2 year new driver probation, the courts words were "we will contact the DVLA as you now have 6 points and you must send your drivers licence to DVLA as your licence will now be revoked because your within the 2 years probation. We will disqualify you for 6 months". I take it this means i dont have to retake my tests?

Thank you for the advice and help, greatly apreciated

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[1] your licence will now be revoked because your within the 2 years probation.

[2] We will disqualify you for 6 months".

 

Sentence [1] and sentence [2] don't agree with each other!

 

If your licence is "revoked" under the new driver's act, there is no specified timeframe. i.e. you can immediately apply for a new provisional licence and retake your theory and practical test as quickly as you like. If you are "banned" for 6 months, then it does what it says on the tin. i.e. You cannot drive for 6 months, then after that you can, without having to retake any tests.

 

It is possible they could have awarded a ban for the offence as well, then after the the ban ended, because it also meant you had 6 points, you would only get a provisional licence back, but for an offence of 36 in a 30 I would have thought such a dramatic sentence would be draconian, unless there's more to this than you have stated.

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I was caught speeding (36 in a 30) on the 19-4-2009 and i went to court in june 2009 which is well over my 2 year new driver probation, the courts words were "we will contact the DVLA as you now have 6 points and you must send your drivers licence to DVLA as your licence will now be revoked because your within the 2 years probation. We will disqualify you for 6 months". I take it this means i dont have to retake my tests?

Thank you for the advice and help, greatly apreciated

 

If you were disqualified for 6 months in 2009, you would not be awarded points as well, it's either points or disqualification, not both.

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It was the second time i was caught speeding in 2 months, but ive previously done a drivers awareness course for speeding. Im not one of these people who excessivly and insanely speed e.g 50 in a 30. When i sent my licence and counter part to the DVLA they only sent me back the counter part which had 6 points on it, i rang them up to find out where my licence was and they said it was revoked and i would of been told this in court. My solicitor was with me in court and he thought it was a bit strange too that i got points, disqualified and revoked but unfortunatly as i had lost my job i couldnt afford him anymore so i never got around to apealing it. Im seeing a solicitor tomorow about it to see what has been going on.

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You can't have been given points, disqualified and licence revoked all at the same time in court.

 

The court can only give you points or disqualification, not both.

 

Revoking a licence is an administrative matter by DVLA, when a new driver, within 2 years of passing their test, is given 6 or more points, the court will put the points on the licence, and notify DVLA of them. DVLA will then write to the driver informing them that their licence will be revoked.

 

As disqualification does not involve points, a licence will not be revoked following disqualification by a court.

 

Did you have 6 points on your licence prior to appearing at court, if so your licence may have been revoked before the court appearance.

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