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

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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The facts ----- Due to the questionnaire not being returned in time my driving license has been revoked.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the date they send me the letter and I told them that I got the letter today dated 16/03/2018 informing me that it had been revoked??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
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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.

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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!!

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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.

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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"

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