n/a - Licence revoked

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Wed 17 Aug 2011 02:17
n/a - Licence revoked - simmer

Similar to the post by 'allandy ' posted on Wed 16 Jun 2010 15:45, however, when visiting the dvla, they advised me that they have no records of any issues and got me to fill out an application to have my licence changed from the paper one to the current format. I still however, was giving 3 points when stopped by the officer the night before who advised me that it was revoked in 1999! please could you advise- i would be most grateful.

Reply | Report as offensive | Link
Wed 17 Aug 2011 15:24
n/a - Licence revoked - Dwight Van Driver

They tend to revoke a Licence because of Medical grounds or where Licence not surrendered after speeding offence for points to be added from master record at DVLA.

Is there an allegation that a case of identity theft has occurred here?

Dialogue with DVLA (head to head at one of their local offfices) seems to be the order of the day as they are the ones to resolve. Maybe GIGO on Plod computer when he checked?

dvd

Reply | Report as offensive | Link
Wed 17 Aug 2011 17:29
n/a - Licence revoked - simmer

thanks dvd

ok there is no allegation of identity as far as im aware. on my visit to the DVLA, I asked about the points and i was told that they just add the points (3 points that was given to me on monday) to the new licence. I have been given 7 days by the officer to produce my licence as i didnt have it on me.

Are these points fair? Can I appeal or anything? Will they be adding it to my licence when I bring it to the station and keep it - and are they allowed?

I havent had any points for about 10 years! also, the last points I had was in 2002, i.e after 1999 and there was nothing about licence being revoked then.

Reply | Report as offensive | Link
Wed 17 Aug 2011 19:03
n/a - Licence revoked - SlidingPillar

You've not actually said what the points were for. Fair or not etc depends on whether you did the 'crime' etc.

Reply | Report as offensive | Link
Wed 17 Aug 2011 19:26
n/a - Licence revoked - simmer

Ahh ok, apologies.

The computer in the officers car was showing that my drivers licence has been revoked which as an info fed from the DVLA database and I was advised to call them up the next day. I advised the officer that i had no recollection of being sent a court summons letter and not attending etc. So the points were for driving without a valid licence and my car was seized as a result... :-(. The past few days has been a bit of a nightmare.

Reply | Report as offensive | Link
Wed 17 Aug 2011 20:31
n/a - Licence revoked - SlidingPillar

Thought that was a automatic court case job. You certainly need to see local DVLA office to find out the whys and wherefores. (Local offices have been very good to me in the past).

Reply | Report as offensive | Link
Wed 17 Aug 2011 23:08
n/a - Licence revoked - simmer

Sure, however, I did try to to just hat when i visited them on Tuesday. The DVLA guy although was good, his response was along the lines of "it's only 3 points - you can still drive..." so it doesnt seem that I can get any further seeing them again unless I should be asking/saying something specific from/to them?

Otherwise, I'd appreciate some advise on the next hurdle: producing my licence within the 7 days at my local station. As it stands, once I produce it at the station, they will put 3 points on it, which I will have no say in and then it will appear on my new licence.

Reply | Report as offensive | Link
Thu 18 Aug 2011 08:11
n/a - Licence revoked - Dwight Van Driver

Bit confused.... is this correct?

So in 1999 it was alleged you committed an endorseable offence and (presumed)your Licence was not surrendered to Court for that endorsement? Your Licence was revoked. I ignore medical condition revocation.

But you say that DVLA have no record of that. If they revoked then they will have a RECORD as to date, Court involved, offence and result of case.

They must have the reason why your Licence appears on PC's computor as revoked or it wouldn't be on and that it was so I presume recently led to you car being seized and given a FPN for NO Licence.

In relation to the FPN for no licence if you do not produce it the offer to pay and points (3) on your Licence will be withdrawn and the matter refered for a Court Hearing where if found Guilty additional costs will be levied in prosecution fees and Victim Support supplement.

You say you do not recall the 99 incident and if DVLA are adamant they have no record ( you will need a letter of confirmation) then it may well be false information (GIGO) has been put on Plods computor. Can only suggest that when you produce your Licence to Police you ask to see Duty Officer, explain all this, get him to recheck his computor and if it is still showing Licence revoked then back to DVLA for details why Licence was revoked.

If it appears DVLA at fault see if the Duty Officer will allow an extension on production (extension on FPN) while you sort the matter out. He is not obliged to do so. If not then you may consider electing trial at Court which will give you more time.

If you prove 1999 incident bogus then you are in the realms of civil action against Plod and or DVLA for damages and costs and legal advice from a Solicitor. Your local CAB may provide a free half hour session with one.

dvd
Reply | Report as offensive | Link
Thu 18 Aug 2011 22:01
n/a - Licence revoked - simmer

that makes things a lot clearer - thanks.

I have some answers and a few queries below - have numbered by paragraphs, hope it makes sense! :

1] So in 1999....... : Correct

2] But you say ...... : Correct

3] They must have..... : Car was seized on the basis of the assumption - no one really appears to know.

4] In relation to...... : So I can just wait for my drivers licence from DVLA and start driving legally. Then just wait for a letter of a court hearing without visiting the station?

5] You say you...... : Correct.

So steps are>

a. Ask to see Duty Officer;

b. ask Duty Officer to recheck;

c. if showing 'revoked' then ask for extension. if not showing anything then all is well ?;

d. if extension not given, advise Duty Officer (if i wanted) that i wish to be heard in court instead?

6. If it appears....... : What info or lack of would make the DVLA appear to be at fault?

In the meantime, I will try and get confirmation (in writing) from DVLA.

Thanks - much appreciated.

Reply | Report as offensive | Link
Fri 19 Aug 2011 08:16
n/a - Licence revoked - Dwight Van Driver

You raise another thornies. From what you say I understand that you :

were stopped by Plod presumably who

made a check on you and

found a REVOKED sticker on their computer Driving LicenceRrecord for you,which led him to

seize your car and incur costs to retrieve it.

He gave you a FPN for the endorseable offence of No Driving Licence.

It was obviously discussed whether you were in possession of a Licence at home and he wanted this produced. Why? To get the Licence off you or to compkly with the FPN conditions for issue.?

But you now add that you are waiting for DVLA to send you a plastic Licence?

Presumably then then you sent your paper Licence/Counterpart to DVLA to complete the change. which makes the position that until such time a plastic Lic is received you cannot produce a Licence in 7 days. This will cancel the FPN as you cannot comply with the conditions (Produce Lic/ pay fee) so the matter will go to Court automatically, unless you can get the DO to extended production time. If Licence revoked than you cannot be reported for failing to produce as you don't have one.

When a person receives an endorsement by FPN whilst the Licence is intitally surrendered to accept the FPN, the Mags Clerks check that there is space for the points without involving a disqualification, write on the points and return the Licence. They inform DVLA of points given and why. If endorsement from Court then Licence surrendered to Court for points and they, I believe, send to it to DVLA for points to be put on and reason why. DVLA return the Licence to holder. If the Court have actioned the case without surrender of Licence then either they or DVLA should write and inform Licence revoked.

DVLA on notification get their Master Driving Licence Record they hold for the individual concerned and enters details of the endorsement. You say Plod said your Licence was revoked so DVLA must have a record of where , when and why. It is their duty to inform of revocation and ask for Licence to be returned.

At the moment it looks as if either you have failed to comply with the system by not surrendering your Licence in 1999 or that there is faulty record keeping at DVLA. If the later you will have to prove for civil action for damages and return of cost of getting your vehicle out of pound after it had been siezed. If DVLA record is correct then Plod is not at fault and a Court case could take place in the future for No DL. If you did not received notification of the revocation then that will be a mitigating factor to state.

dvd

Reply | Report as offensive | Link
Sat 20 Aug 2011 14:57
n/a - Licence revoked - simmer

Ok, thanks dvd, you have raised some interesting facts!

Ok, may be best to start off with some facts of what Ive gathered:

1. The paper licence is in my possession

2. The FPN and points are because as far as the Officer is concerned i was 'driving not

accordance with a licence'

3. I called up the DVLA again yesterday to request letter of confirmation. this is what

they said:

a. They will not send a letter of confirmation

b. They wont send a letter because they already sent one in1999 that my licence will

be revoked. (I don't

believe i received a letter from DVLA of this matter at all)

c. The licence shows as 'Revoked' at 1999 on their system.

e. The details they have of the offence on recored is limited to date and that its a fixed

penalty

f. They also have recored of FPN in 2002 as the last one.

Other facts from previously speaking to DVLA regarding this issue:

g. If licence status is 'Revoked' than you need to apply for a new one and are not

required to include your

current one.

h. All i need to do is complete the application D1 and send off without a fee (which is

what I've done)

i. I'll receive my plastic licence (apparently in 10 days) with any points that exist at the

time processing it -

(which so far is none). Thus, there is 'no issue'

I believe i have been wrongly done, so I m not happy to just accept the FPN etc, but my main concern at this moment in time is what do I do on Monday which is the 7th day when the 'offer' of the FPN expires.

Reply | Report as offensive | Link
Sat 20 Aug 2011 18:11
n/a - Licence revoked - Dwight Van Driver

I regret I cannot assist any more.

One seems snookered if DVLA have a record of a FPN issued to you in 1999 which you do not remember. It would seem that this was for an endorseable offence as DVLA would not otherwise be involved in a non endorseable as points not involved,

Power of Mags Court to demand production of Licence where someone is summoned for an obligatory or non obligatory disqualification offence and if not then offence and Licence revoked - out of the window. No Court case involved FPN issued.

The only other revocation I can come up with is under medical conditions or

under the Road Traffic (New Drivers) Act 1995 - 6 points to Licence within 2 years of first test passed.- Licence revoked back to Prov Lic status and new tests

2002 FPN what was this for?. Again as 1999 revoke should have shown up then and why not booked for driving not within the conditions of a Licence? Power to seize vehicle not used?.

Again my understanding is that:

Offence

FPN endorseable offence issued.

Pay within 28days and send in Licence for points ,or

elect Court hearing.

If not paid/Licence sent in or Court elected they take the action to issue a summons.

Down to you it would seem to prove DVLA wrong (uphill struggle) What you are saying just does not add up. Sorry - I have tried to unravel.

Produce what you have as requested on Monday to save any further hassle. See if DO will disclose any information they have on their PC regarding 1999 FPN.

dvd

Reply | Report as offensive | Link
Sun 21 Aug 2011 13:02
n/a - Licence revoked - simmer

thanks for your help.

to answer your question, the 2002 FPN was for 3 points and I have asked the same questions since no issues of licence being revoked was mentioned. I have also been stopped a couple of times between then and now, for example break light not working but again no mention of issues of licence.

Reply | Report as offensive | Link