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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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cannotbeleive

DVLA medical commission ignoring NHS consultant opinion

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Hi,

 

I am new here and hope to find somebody who can help me.

 

I had an EU driving licence which expired last month. when I applied for the UK driving licence I had to declare a medical condition which I had six year ago but that it is no longer something I suffer from, infact I have been off medication for a couple of years and I am not under the supervision of any doctors.

the NHS consultant I saw for driving licence wrote a letter summarising the history of the problem and attesting that I met all the criteria for fitness to drive, and discharged me with no further appointments or care required.

 

After 5 weeks since I applied for the UK license the DVLA had received the medical questionnaire and the letter from the consultant (which starts by saying "I see no reason why she should not drive a vehicle), and have said that my case has been referred to a DVLA doctor who has to check that my condition meets the criteria above. and that this is not going to happen before January next year, which seems like a very long time to not have a license.

 

I have tried to get more information but they are just rude, robotic call centre people who wind you up, and repeat that they have to deal with cases from all the UK.

 

I wanted to try the complaint procedure or possibly to look at getting professional legal advice. I can't understand why when an NHS specialist consultant has written to the DVLA to say I can drive, it should have to go to their doctor who can't respond until January. I can drive under the law section 88 road traffic act 1988 but I do not feel confident without the driving licence. plus I cannot go to visit family abroad with my baby as is illegal there going around without driving licence with you.

 

has anyone had any similar experiences? any advice would be much appreciated.

 

thanks

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Although the consultant has said that he considers you fit to drive the decision rests with the DVLA. It's for that reason that your case has been referred to their medical advisers. The timescale you've been given is broadly the same as I was given when I went through this earlier in the year. That said the 4 months they quoted me turned out to be 3 weeks, so there is hope.

 

As you've found out you can't talk to the medical advisers, only to the front line staff. However your consultant or your GP (if he has the full facts) can phone the medical advisers so that might be a course worth pursuing.

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You could also take the matter to a Magistrates Court or a better bet may be your MP. DVLA are, literally a law unto themselves and have the public safety at the heart of their work

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You could also take the matter to a Magistrates Court or a better bet may be your MP. DVLA are, literally a law unto themselves and have the public safety at the heart of their work

 

No you couldn't. Stop posting misinformation please.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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No you couldn't. Stop posting misinformation please.

 

I dont know who or what you are but of course you can

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Certainly you can appeal to a magistrates court if you disagree with the DVLA's decision. However in this case the DVLA have yet to make a decision so there is nothing to appeal against.

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thanks everyone for the advice. I will try to contact the consultant.. which is basically as difficult as appealing a non exsistet decision. :-(

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Until DVLA actually make a decision, there is nothing you can do at all. If at that point the approve you to drive, all good and well. If they refuse permission you can THEN appeal etc.

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I hope by now they have made a decision. You may be interested to read the OMBUDSMAN'S REPORT "Driven to Despair" I cannot post a link, but you will find it under Ombudsman+Driven to Despair.

 

This highlights the fact that the DVLA have in the past, and obviously continue to over-rule Specialist consultant's advice. In my case, the assumption of a gynaecologist, GP and geriatrician on a question of vision over-ruled the specialist Opthomologist from Moorfields .

 

The Ombudsman's report was laid before Parliament on 20 October. DVLA are still refusing to comply to two of her findings, one of which you might find very interesting. The case handling of DVLA has been highlighted as one of the points for consideration. If you have not received your license, I suggest you read the report and quote it to them. (Do remember always to keep a copy of correspondence and sent it recorded delivery, as they have been know to destroy important evidence, even if it is needed for a Court Appeal - see Ombudsman's report. It will be difficult to raise an Appeal through the Courts until they have actually refused your license. However, there is no harm in taking the Ombudsman's report to your MP, along with your complaint, as the DVLA are now going to be answerable to Parliament, so the more complainants that speak up the better. There are others out there who have been treated in a similar way, and as Dame Julie Mellor the Ombudsman says, they are being denied justice.

I really sympathise with you. My case took seven years to sort out, and a lot of money - all, fortunately refunded as a result of this Report. Stick with it. Good luck!

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I hope by now they have made a decision. You may be interested to read the OMBUDSMAN'S REPORT "Driven to Despair" I cannot post a link, but you will find it under Ombudsman+Driven to Despair.

 

This highlights the fact that the DVLA have in the past, and obviously continue to over-rule Specialist consultant's advice. In my case, the assumption of a gynaecologist, GP and geriatrician on a question of vision over-ruled the specialist Opthomologist from Moorfields .

 

The Ombudsman's report was laid before Parliament on 20 October. DVLA are still refusing to comply to two of her findings, one of which you might find very interesting. The case handling of DVLA has been highlighted as one of the points for consideration. If you have not received your license, I suggest you read the report and quote it to them. (Do remember always to keep a copy of correspondence and sent it recorded delivery, as they have been know to destroy important evidence, even if it is needed for a Court Appeal - see Ombudsman's report. It will be difficult to raise an Appeal through the Courts until they have actually refused your license. However, there is no harm in taking the Ombudsman's report to your MP, along with your complaint, as the DVLA are now going to be answerable to Parliament, so the more complainants that speak up the better. There are others out there who have been treated in a similar way, and as Dame Julie Mellor the Ombudsman says, they are being denied justice.

I really sympathise with you. My case took seven years to sort out, and a lot of money - all, fortunately refunded as a result of this Report. Stick with it. Good luck!

 

I don't disgaree, but could you comment on what I might suggest / ask as clarifications?.

 

a) Don't use Recorded Delivery : DVLA can 'sign en masse' for these, leading Royal Mail to sometimes say it has been delivered, or sometimes leave it as 'this item is progressing through our system', but both situations without a signature on delivery. Recorded Delivery is not a 'guaranteed delivery' service ; for items of this importance / need for 'traceability' ; use Special Delivery. At least if they don't get a signature for it, you can resend it (from the photocopies you've kept!), at Royal Mail's cost (as you get your Special Delivery fee refunded if they don't get a signature), until Royal Mail get DVLA to sign for it!.

 

b) DVLA told me there is no ability to complain to their Chief Executive: there is. (The Complaints team told me that the only appeal is to the Complaints team, even if the complaint included complaining about them!)

 

c) DVLA told me there is no ability to complain (via your MP) to the Secretary of State for Transport : there is. I'm not sure how much use it is, but anything that makes them more uncomfortable with unreasonable delay / decisions they'll struggle to defend on scrutiny .....

 

d) DVLA told me there is no ability to complain (via your MP) to the Ombudsman (the Parliamentary Ombudsman). There is.

 

b, c, and d are useful when they haven't refused a license but aren't showing any sign of reaching a decision in a reasonable timeframe (so you are in limbo and can't launch a court appeal until they actually refuse).

 

e) Once they refuse, any appeal is to a Magistrates Court. I couldn't find much if any discussion of people actually going to court, and 2 long-serving Magistrates (from different benches, one a professional driver [a London 'cabbie'] as his day job!) I asked about this ('on spec') had both never heard such a case, or heard of colleagues having done so.

When asked if there was a difference of opinion between DVLA's team and a specialist they would enquire if any of the DVLA team were also specialists in that area. They weren't aware of DVLA's having published guidelines for medical professionals!

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526635/assessing-fitness-to-drive-a-guide-for-medical-professionals.pdf

but when I pointed it out and then specifically asked; said they would ask the DVLA team and the specialist whose opinions varied "does the driver meet DVLA's published standards, and if not why not?", asking each to comment on the other's reply ........

 

Did you ever get an actual refusal or did they keep stalling?, and (if refused) did you appeal to a Magistrate's Court?

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Hi,

 

 

I had an EU driving licence which expired last month.

 

Can you get this (EU license) renewed?. My understanding is that that then would allow you to drive in the UK for up to a year after arrival, and might solve your 'can't drive abroad' problem.

 

After 5 weeks since I applied for the UK license the DVLA had received the medical questionnaire and the letter from the consultant (which starts by saying "I see no reason why she should not drive a vehicle), and have said that my case has been referred to a DVLA doctor who has to check that my condition meets the criteria above. and that this is not going to happen before January next year, which seems like a very long time to not have a license.

 

I have tried to get more information but they are just rude, robotic call centre people who wind you up, and repeat that they have to deal with cases from all the UK.

 

I wanted to try the complaint procedure or possibly to look at getting professional legal advice. I can't understand why when an NHS specialist consultant has written to the DVLA to say I can drive, it should have to go to their doctor who can't respond until January. I can drive under the law section 88 road traffic act 1988 but I do not feel confident without the driving licence. plus I cannot go to visit family abroad with my baby as is illegal there going around without driving licence with you.

 

has anyone had any similar experiences? any advice would be much appreciated.

 

thanks

 

Would renewing your previous EU license help?. If DVLA haven't reached a decision within a year, it would be clear they are unreasonably not making a decision, denying you an appeal of a refusal.........

Within the year you'd be covered by S 88 (and your EU license?) until DVLA reach a decision, AND be able to drive abroad on your EU license.....

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TO ANSWER YOUR QUESTIONS (as best I can)

 

a)Good idea - my point was really to make sure that people had some sort of record of correspondence and postage.

 

b) Complaints (as I did it): through their complaints procedure (6 months time limit from revocation to launch appeal through Magistrates Court to CEO to ICA to MP to OMBUDSMAN

 

c) That may be right; you had (when I did it) to go through the Complaints team which took you to CEO then ICA.

 

d) There absolutely IS - When I did it, you had to have the approval of the MP, who would place the complaint before the Ombudsman. My MP was extremely helpful! I cannot speak too highly of the Ombudsman's handling of the case. For years I felt like a small voice shouting as loudly as I could for justice, and no-one was listening until my case arrived on the Ombudsman's doorstep.

 

e) I went through Magistrates Court. DVLA caused two adjournments and were subject to two court orders for non-disclosure of crucial information which was required for my case. They had destroyed it, knowing the appeal was running, we subsequently found out. (See Ombudsman's report) The whole procedure cost me a lot of money - I am not surprised people don't take it as far as the Courts - faced with such a monetary outlay and a defensive/obstructive agency, it is easy to see whey complainants just give up .

 

In answer to you last question. yes, yes and yes.

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e) I went through Magistrates Court. DVLA caused two adjournments and were subject to two court orders for non-disclosure of crucial information which was required for my case. They had destroyed it, knowing the appeal was running, we subsequently found out. (See Ombudsman's report) The whole procedure cost me a lot of money - I am not surprised people don't take it as far as the Courts - faced with such a monetary outlay and a defensive/obstructive agency, it is easy to see whey complainants just give up .

 

In answer to you last question. yes, yes and yes.

 

Thank you.

 

Sorry to ask more questions, but it is rare to find someone with actual experience of a Magistrates Court appeal against a DVLA refusal!

 

i) How long did DVLA keep you waiting before refusing a licence?

ii) Group 1 or 2 entitlement?

iii) Did you use a solicitor?

iv) If so, were they a "motoring specialist"?

v) did the Magistrates seem more open to listening to your specialist or DVLA?

vi) did the Magistrates order DVLA to reconsider their decision? Issue you a license?

(My understanding is that they can't order DVLA to issue a license, only reconsider the refusal, although functionally the latter will cause the former to happen unless DVLA can bring forward new grounds on which to refuse!)

vii) Did DVLA's own medical standard document seem to influence the court?

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Happy to help if I can

 

Answers to your questions

1) Statutory one year off the road (during which time I surrendered my license. I should have been told by the DVLA that I might be elegible to be treated as an exceptional case, (see Ombudsman's report) but wasn't. If I had known, I would have not surrendered voluntarily.

2) Can't remember which is which, but I am just an ordinary driver - not HGV or business

3) Initially, to the Court Appeal yes. Thereafter - ICA/MP/OMBUDSMAN No.

4) Yes

5) Didn't get that far - as I said crucial evidence needed for my case "went missing" (was destroyed by DVLA - see Ombudsman's report). Therefore two adjournments and I finally ran out of money and took the MP/Ombudsman route and offered to take another driving test. I doubt whether the Magistrates have the power to issue a license.

6) See above

7) I will never know. The DMG changed their evidence after the first adjournment and having by then seen my Specialist's report. They presented new evidence for their decision, which had not been recorded on their system at the time of making the decision on my revocation (see Ombudsman's report). After this behaviour I abandoned my appeal and took it further.

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Further to your question one. I maybe did not make it clear. Statutory one year off the road. Then a further two years and some months.

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