Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • lookinforinfo
      EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

      By lookinforinfo · Posted

      Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • aesmith
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By aesmith · Posted

      What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Had my License revoked due to late return of a medical questionnaire

Goucho

By Goucho
in DVLA

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2214 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Goucho

Goucho

Posted
Posted (edited)

Any legal guys here need help

 

In January I needed to be fitted with a pacemaker.

My surgeon told me that I must inform the DVLA but to also tell them that I had fully recovered due to the procedure and me bionic heart.

 

Soon after I told them by phone and they said I would get a questionnaire to fill in.

 

The facts ----- Due to the questionnaire not being returned in time my driving license has been revoked.

Following a telephone call today I was informed that My license will not be reinstated even though they have the said questionnaire in their possession.

 

I have informed them that it will cause severe hardship and distress to me as a registered disabled person who needs a vehicle at all times.

Even asking them what I should do they said to go to the post office and apply for a driving license.

I told them that I couldn't because I am on my own and can't get there because of my disability.

Not their problem basically!

 

They did not get the questionnaire in time but can't tell me what law/guidelines they have in place and what grounds there are to have the license reinstated even temporarily until the whole thing is investigated.

 

It is actually a paper exercise for their records because when I rang them the medical condition did not exist.

You can legally drive with a pacemaker all you have to do is inform the DVLA.

 

I also asked them how they can impose a punishment as harsh as revoking a license of a disabled person who is deemed fit to drive and why they can't come to a compromise now that they have the questionnaire. They told me that the time limit is 14 days from the date they send me the letter and I told them that I got the letter today dated 16/03/2018 informing me that it had been revoked??

 

I asked them how they could impose a time limit on something that they cannot prove I got never mind got late like the letter i got today?

Does anyone know how I can fight this?

Can they impose what is deemed a punishment on a time limit that is instigated on a letter that they cannot prove was received by me on time?

Common sense would dictate that it be reinstated on a temporary basis now that the information has been received and is, in fact, a paper exercise.

 

I cannot find anything in writing on the net stating when the time limit is imposed?

Should it not be sent recorded if there is a punishment attached?

 

Like they have the form but won't do anything because it was late and the letter i got today informing that my license was revoked was dated 16th March hence why I rang them???

 

PLZ Help :(

Edited by dx100uk
formatting
Link to post
Share on other sites
BazzaS

BazzaS

Posted
Posted
Any legal guys here need help urgently!!!!!

 

In January I needed to be fitted with a pacemaker.

My surgeon told me that I must inform the DVLA but to also tell them that I had fully recovered due to the procedure and me bionic heart.

 

Soon after I told them by phone and they said I would get a questionnaire to fill in.

 

The facts ----- Due to the questionnaire not being returned in time my driving license has been revoked.

 

So, when did the questionnaire arrive?, when was it dated?, did it give a date it needed to be returned by?, when did you return it? did you send it by a tracked method?, when did it reach DVLA?.

 

 

Following a telephone call today I was informed that My license will not be reinstated even though they have the said questionnaire in their possession.

 

Once the licence was revoked you'd have to show that your questionnaire had been received (not 'just sent') within time, and the revocation was in error. Was it received in time?

Ahh, you've said (later)

They did not get the questionnaire in time

 

I have informed them that it will cause severe hardship and distress to me as a registered disabled person who needs a vehicle at all times.

Even asking them what I should do they said to go to the post office and apply for a driving license.

I told them that I couldn't because I am on my own and can't get there because of my disability.

Not their problem basically!

 

Absolutely, as they didn't get the questionnaire in time. Check with them if you can complete a D1 and H1 form online, to avoid the trip to the post office?.

In the interim, have you considered applying for benefits to provide you with funding for mobility, as your've had your licence revoked on medical grounds.......?.

 

They did not get the questionnaire in time but can't tell me what law/guidelines they have in place and what grounds there are to have the license reinstated even temporarily until the whole thing is investigated.

 

If they have revoked it within their guidelines, it is revoked and can't just be re-instated.

 

It is actually a paper exercise for their records because when I rang them the medical condition did not exist.

You can legally drive with a pacemaker all you have to do is inform the DVLA.

 

Up until the point you don't return their questionnaire, and they revoke your licence ...... then it is no longer a paper exercise, as you've discovered!

 

I also asked them how they can impose a punishment as harsh as revoking a license of a disabled person who is deemed fit to drive and why they can't come to a compromise now that they have the questionnaire. They told me that the time limit is 14 days from the date they send me the letter and I told them that I got the letter today dated 16/03/2018 informing me that it had been revoked??

 

I asked them how they could impose a time limit on something that they cannot prove I got never mind got late like the letter i got today?

Does anyone know how I can fight this?

Can they impose what is deemed a punishment on a time limit that is instigated on a letter that they cannot prove was received by me on time?

Common sense would dictate that it be reinstated on a temporary basis now that the information has been received and is, in fact, a paper exercise.

 

Common sense and DVLA Drivers Medical Group rarely exist in the same sentence. However, you have to play by their rules. Once your license is revoked, unless you can show them it was absolutely their error and your completed questionnaire was received in time ... it remains revoked.

They on the other hand have to play within their rules, but most of the time instead have guidelines (like an 18 week target, that conveniently gets pushed back, and described as a target and not a limit, when they don't meet it.

There are routes of appeal (e.g. to Magistrates Court), but you'd have to show they have breached their own guidelines ..... and if they didn't get the form back in time, they are acting within their guidelines.

 

I cannot find anything in writing on the net stating when the time limit is imposed?

Should it not be sent recorded if there is a punishment attached?

 

Like they have the form but won't do anything because it was late and the letter i got today informing that my license was revoked was dated 16th March hence why I rang them???

 

PLZ Help :(

 

 

First rule with DVLA : follow their requirements 100%.

Second rule with DVLA: keep copies of everything you submit, for when they lose it, or say you sent something different. Be that photocopies of paper documentation or copies / screenshots of anything online.

Third rule: record any phone conversations, getting the name of every person you speak to

Fourth rule: I wouldn't say they lie, as one can explain when they give you inconsistent or wrong information by incompetence rather than malice.

 

So, call again, recording it. Get them to confirm if you can complete a D1 and H1 online. Get them to confirm they will consider an application currently, and that you don't have to wait for weeks.

Bear in mind they have a target time of a maximum of 18 weeks from when they have replies to their 'enquiries' (so not just when you complete the forms!), but bear in mind if they go over this that they'll say "ahh, but it is a target", and not a binding limit.

You may get your licence back sooner, but don't hold your breathe.

 

If they have asked you to return your licence, do so, but take a copy of it (and any previous counterpart first). Expect to lose any C1 / D1 entitlement when you get your new licence, as you probably won;t retain them under 'grandfathering' once the licence was revoked.

If any other entitlements are missing, the copy showing you held them previously will be essential.

 

tl:dr : you probably won't get them to restore your licence without re-applying. Stack the odds in your favour by getting all your documentation complete and keep copies.

Link to post
Share on other sites
Goucho

Goucho

Posted
  • Author
Posted

Thanx Bazza5.

 

The form was late.

Can't-do one of them online and after I told them my situation they told me to go to the post office. One that actually issues them which is actually in the middle of a shopping centre for me!

 

I am guilty as charged. You couldn't make it up!!

Link to post
Share on other sites
BazzaS

BazzaS

Posted
Posted
Thanx Bazza5.

 

The form was late.

Can't-do one of them online and after I told them my situation they told me to go to the post office. One that actually issues them which is actually in the middle of a shopping centre for me!

 

I am guilty as charged. You couldn't make it up!!

 

If someone can't go and get a D1 for you, you can get DVLA to send you a D1 pack: https://www.gov.uk/dvlaforms

You'll need to send them an H1 form with your completed D1: H1 available online at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/670372/h1-medical-questionnaire.pdf

 

Suggestion: send it special delivery (it may mean you, or someone acting for you, going to the post office, but at least it doesn't have to be the main branch you've said is hard to get to!)

 

Expect them to contact your GP and your cardiologist, but if the pacemaker implant was successful, and you are now asymptomatic: you should get your licence back (caveats: if Group 1, and if you are now symptom free).

The main issue is how long they'll take to reach that conclusion ......... as well as the fact that if you previously had a minibus / light goods entitlement, it'll probably be gone from any new licence.

Link to post
Share on other sites
Goucho

Goucho

Posted
  • Author
Posted

Thank you for your help.

 

 

Crazy isn't it ... there are some people who would drive anyway whilst all this was getting sorted and if stopped and charged could still drive until the court hearing and then a magistrate would listen then and maybe they might keep their license with a fine and points. just saying.

 

I will be flagged now and number plate readers would get me stopped today if a police car happened across me. I love the "system"

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...