You Must Return Your Driving Licence Now

[Catalin Vlase]

I received a letter from the DVLA with the following content:

 

Date: 28/02/2012

 

Our records show that on the above mentioned date you were convicted of a driving offence but either did you not produce your driving licence or only produced part of your driving licence to the court.

 

The number of valid penalty points currently shown on your driver record mean that your driving licence will be withdrawn under the provisions of the Road Traffic (New Drivers) Act 1995, with effect from the fifth day after the date of this letter.

 

You must send us your driving licence (both the photocard and paper counterpart if you have a photocard licence), with the reply slip in the enclosed envelope.

 

You should note that the revoked licence no longer covers you to drive

 

You are entitled to obtain a provisional licence if you wish to continue driving, but you will be required to comply with the "learner" conditions attaching to that licence until you pass another driving test (theory and practical). to recover all previously held full entitlements the retest must be for one of the categories held prior to the revocation. A test for a category not previously held will result in a full licence for that category only.

 

On the 29th Feb 2012 I was stopped by the Road Traffic Police and checked my Insurance, Mot, Licence and said everything is fine.

 

On the 2nd March 2012 I was stopped again by the police and checked my details on their computer and told me that I am not entitled to drive and that their records shows that I driving without a licence. The police then seized my car. I explained to them that I have a letter from the DVLA stating CLEARLY that the licence is revoked after five days of issuing the above letter "driving licence will be withdrawn under the provisions of the Road Traffic (New Drivers) Act 1995, with effect from the fifth day after the date of this letter". The police asked to present the evidence of this letter to the police station as soon as possible.

 

On the same day my car was seized, I went to the police station with the DVLA letter and the clerk at the police station confirmed that the letter is correct and took a copy and apologized for the mistake but said that the application was processed and there is litter they can do.

 

Now my car is the lockup park. I was not able to retrieve my car as they claim there is "no policy cover that allows me to retrieve the seized car by police" although I was with another qualified with fully comprehensive insurance cover driver.

 

Summary

 

I am clearly within my legal rights to drive the car within the duration stated in the DVLA letter:

 

DVLA letter issued on 28 Feb 2012

Driving Licence to be withdrawn with effect from the fifth day after the date of this letter. 3 March 2012

Car was seized on 2nd March 2012

 

It is crystal clear that my car was seized illegally by the police and I am here looking for professional advice on the matter as the police is taking the case to court.

 

 

Thanks for your interest

[rebel11]

Hi cat

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[freakyleaky]

What a horrendous story.

I really hope you get some useful advice soon.

[memgrubb]

Vehicle has to have a valid active policy in place on it to be driven on public roads... doesn't matter if person you was with had comprehensive cover or not. Need to have a policy in place in their name, you can purchase temp insurance cover from various brokers or on the internet.

[crem]

Vehicle has to have a valid active policy in place on it to be driven on public roads...

 

The OP is pointing out that the car did have insurance in place on 2nd March and that he was still entitled to drive on that day.

[j800lst]

What did you do? similiar circumstances HELP pls!

[freakyleaky]

Any update Cat?

[tomtubby]

"With effect from the fifth day after the date of this letter".

 

I am not sure that this is compliant with section 7 of the Interpretation Act !!!

 

Under section 7, a document is "deemed as served" in the case of 1st class post on the 2nd working day after posting and that in the case of second class mail, on the 4th working day after posting !!!

[Raykay]

"With effect from the fifth day after the date of this letter".

 

I am not sure that this is compliant with section 7 of the Interpretation Act !!!

 

Under section 7, a document is "deemed as served" in the case of 1st class post on the 2nd working day after posting and that in the case of second class mail, on the 4th working day after posting !!!

 

There is no mention of first or second class post, or a time scale in s.7 Interpretation Act. Only that service is deemed to be effected by properly addressing, prepaying and posting a letter containing the document, and to have been effected at the time at which the letter would be delivered in the ordinary course of post.

[tomtubby]

Raykay.....

 

Thank you for your response ( it just goes to show that you are "keeping me on my toes"....) !!!

 

 

Section 7 of the Interpretation Act 1978 relates to documents served by post. HOWEVER, the original Practice Directions for this Act were revoked by JR Bickford Smith; Senior Master of the Queen's Bench Division on 8th March 1985 and substituted by new Practice Directions on 16th April 1985. This provides as follows:

 

 

Service of Documents - First and Second Class Mail

 

 

"With effect from 16 April 1985 the Practice Direction issued on 30 July 1978 is hereby revoked and the following is substituted therefore:

 

 

1.

Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

 

 

2.

To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

 

(a)

 

in the case of first class mail, on the second working day after posting;

(b)

 

 

in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

 

 

3.

Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

 

 

If there is any further doubt....please read paragraph "e" of the attached that also refers to the Practice Direction:

 

 

 

http://keycases.parkingandtrafficappeals.gov.uk/docs/MON773-R.pdf