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    • Do not under any circumstances plead guilty until we know what we are dealing with. It's a sure way to 9 points. The tried and tested way to handle this is to plead not guilty to both charges and offer to plead guilty to speeding provided the "Fail to give information" charge is dropped. But I am concerned about this "ticket refused" sticker. I've never heard of this before. A "ticket" is not a term used in connection with speeding offences. There seems a distinct possibility that your response was received by the police but one thing worries me: I've never heard of a sticker being placed on a response and it being returned "Return to Sender". t's just not what ticket offices do. If you could post a picture of this document and the sticker it might help.  If you can show the response was received you may have a defence to the "Fail to Provide" charge (provided you completed your response properly). If the police are saying you did not respond they cannot succeed with a speeding charge (as they have no evidence you were driving). But if you did not respond, who put the sticker on the document and sent it back yo you?
    • lolerz, many thanks for your reply and correcting my big mistake, oh dear start again. They sent the section 48 along with the Form NO 6A, it was sitting on top of the paperwork, sorry about that. SO they have sent me a Form No 6A and i have received the court paperwork with the claim form and defence paperwork.    
    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
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      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.
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DVLA Medical Nightmare


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Hi everyone,

 

Is there anyone else having trouble trying to get their license back and you just keep waiting and waiting and getting fobbed off with excuses when you phone the medical dept at DVLA.

 

A quick summary of my case is on the 2nd Dec 2014 i had a freak accident in my HGV, in that I was going one way and another HGV coming towards me when both wing mirrors touched, usually not a problem, but this time the other guy's just smashed and mine came around and hit the side window and smashed the window, then the mirror detached itself and flew in through the cab hitting me at the side of the neck and then flicking up and hitting the side of my head.

 

Luckily I seen it about to happen and was braking at the time of impact and my co-driver leaned over and pulled the handbrake on. I now believe I could have suffered a lot worse injuries.

 

Ambulance came and carted me off to hospital with neck brace and back brace. At this stage I thought I had broke my neck. At hospital they did the works, scans etc and after 10 mins the doctor came to me and took off the braces etc and said nothing broken. He then returned a couple of mins later and said I had a bleed to the brain and we are keeping you in for observation.

 

2days later I 'm allowed home having no meds or anything just my pulse and blood pressure checked. I had a very sore head for about 6 weeks and was told by my GP not to drive as the hospital had said that they had informed DVLA and I had inform DVLA myself.

 

So did paperwork and waited and was just about ready to go back to driving duties when DVLA on the 28th FEB 2015 revoked my license for 6 months, reason was that I had suffered a Serious Traumatic Brain Injury,(there is only one box on the DVLA web site for head injuries). So that brought it up to the 28th August 2015, thinking that should be able to at least get my car license back then, due to having to get myself medical evidence to get my HGV back.

 

Well after many call calls and letters etc finally got the evidence in OCT 2015 and sent everything off to DVLA. Many phone calls later and on occasions nearly shouting down the phone etc, and being fobbed off with excuses, last week somebody told something near the truth in that my case was sent the the DVLA doctors on the 28th Nov 2015, but they are currently running about 17-18 weeks behind.

 

That just about summed up DVLA. My personal view is that yes I got a whack on the head, but the only people that made it something serious when really it was minor was DVLA and they are still being pains.

:mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2:

Edited by honeybee13
Paras.
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A bleed on the brain can have serious consequences. Some might not show up for some time. You may look this up yourself but I know this from personal experience. I have been fighting to get my license back for a number of years to no avail...

 

The DVLA will need to contact your medical team for further information. This can take forever...

 

All you can do is read up on this subject and fight for it...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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If they refuse you a license you can appeal to a magistrates court.

 

However, you are instead in limbo, where they haven't refused, just not yet reached a decision.

 

Are you asking for Group 1 entitlement, or your Group 2 licence back??

 

I suggest you get confirmation of when your doctors provided your medical reports, and DVLA's expected service timespan to act on these. You also need to ensure DVLA haven't decided they need further reports, as this will "reset the clock" on their service times .....

 

DVLA will tell you your complaint options are limited (and may not even register a complaint as a complaint unless you stipulate "this is a formal complaint")

 

They may well deny you can write to their Chief Exec (you can)

They may well deny you can write to your MP, asking them to pass the matter to the Secretary of State for the Ministry of Transport, and/or the Parliamentary Ombudsman (you can).

 

If it comes to a Magistrates Court appeal, you'll need medical evidence on your side. Ensure you show you are fully compliant with DVLA's own published Medical Standards, and expect the onus to be on you to show you meet the standards, not for them to prove you don't because

1) Although you are potentially loosing your livelihood

2) the standards are more stringent for Group 2 given the additional risk posed by the larger Group 2 vehicles.

 

The standards for both Group 1 and 2 are on page 23 of

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457961/aagv1.pdf

 

If your application was for Group 2 and they refuse you a Group 1 license as well, you need to decide if you appeal asking for a Group 1 or take the greater risk of appealing for your group 2.

 

If you appeal for a Group 1 ; you may find yourself outside the time (6 months) to appeal the Group 2 decision.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444682-Taken-away-HGV-license&p=4725223#post4725223

deals with hypoglycaemia rather than TBI, but many of the issues are the same.

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'28th FEB 2015 revoked my license for 6 months, reason was that I had suffered a Serious Traumatic Brain Injury,(there is only one box on the DVLA web site for head injuries). So that brought it up to the 28th August 2015'

 

How does this statement work though, they have revoked it for 6 months, that is long gone, have they actually told you it is still revoked.

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'28th FEB 2015 revoked my license for 6 months, reason was that I had suffered a Serious Traumatic Brain Injury,(there is only one box on the DVLA web site for head injuries). So that brought it up to the 28th August 2015'

 

How does this statement work though, they have revoked it for 6 months, that is long gone, have they actually told you it is still revoked.

 

 

Once revoked, it is revoked (rather than "suspended" or "voluntarily surrendered").

The 6 months is a minimum (for TBI) within which there is no point in applying for a Group 1 licence.

DVLA's standards don't allow issue of a new licence (post revocation for TBI) within 6 months.

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I'm asking for Group 1 entitlement, and my Group 2 license back.

After the 28th August 2015 I tried to do both separately but 6 weeks later a letter and form turned up to be filled in for my group 1, and I filled it in and returned, then somewhere in DVLA again they got joined again. so now still wanting both.

As far as that a bleed to the brain can have serious consequences, yes but in my case I had NO treatment or medication and when I went to get medical evidence, the consultant Neurosurgeon stated that "Imaging at the time showed a very small amount of right frontal extra axil blood". He also couldn't understand how DVLA revoked my license based on the scan.

I'm in the process of informing my MP, not only about my case but also how long anything takes to do with DVLA.

Yes, I have looked the guide to the current medical standards of fitness to drive, but surely having already penalize me by revoking my license for 6 months , They can't 6 months after the 1st revoking do it again??????

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Wow that seems harsh, so is there a reason something would be revoked rather than suspended for x time

 

DVLA don't do "suspended, on medical grounds"

 

A driver can voluntarily surrender their license, which DVLA may agree to: in which case the driver can start driving again when they choose.

 

DVLA can also revoke a license, (without voluntary surrender), or even with voluntary surrender : in which case the driver can't restart driving unless DVLA issue them a new licence.

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The DVLA are under staffed by a country mile and once they have you on their medical radar they have you for as long as they want.

 

 

The decision to revoke would be taken by a non medically trained person and while the DVLA have a duty of care to other road users you are now a reference number.

 

 

Good luck.

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  • 2 years later...

Just a final update

I'm now retired and yes I did get my HGV license back, 2.5 years later and it nearly broke me.

The biggest mistake I did was informing DVLA, so looking back I would now take the chance of a fine. To most who work in DVLA you are not even a number, and go strictly by the sheet that is in front of them( robots), but saying that you do get to speak to some that are human and help you and I thank those that helped.To anybody that has just using this forum to get info, I have one bit of advice to you.

THINK!!!!!!

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Mr Begal,

Yes to their standards but NOT one person told me until after a least 18 months that the min time for my case was going to be 2 years min before they even looked at giving my license back.

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