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Jamie-Law
Jamie-Law, Solicitor
Category: Scots Law
Satisfied Customers: 1236
Experience:  Solicitor
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I recently remarried and I am working my way through

Customer Question

I recently remarried and I am working my way through documents to change my name . One such document is my driving licence, Withoutnunderstanding Iwnas surrendering y licence I sent it if a log wiht the application form and my marriage certificate, I listed cataracts and Fuch's dystrophy as medical conditions having NO idea about the Esterman test - a letter ordering my to take it arrived the same day as I had my first cataract operation. I then had a conversation with the Customer CARE at DVLA saying I had jus had theor and was due to have the other ey done on Nov 23rd, There seems to be no leniency fr someone in my unfortunate position. I must take the test and risk gaining it revoked. I have had a second letter today ordering me do do it. The best advic I have been given is ti surrender it voluntarily and reapply in three months - this seems to be overruling my Consultant Ophthalmologists opinion on when it is safe to drive. I hav read he can do the test and SWND the results plus a supporting lettertotheDVLA but this is no guarantee of success . What do you advice in my case?
Submitted: 1 month ago.
Category: Scots Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you.

Just to be clear the DVLA have revoked your licence but your surgeon says you are fine?

Customer: replied 1 month ago.
No, they have not evoked it yet.
Expert:  Jamie-Law replied 1 month ago.

Ok. If they try to you can appeal that decision.

It will then go before a Magistrates Court and your Consultant Ophthalmologists can give an opinion to say you are safe to drive.

But you do have a right to appeal which you should consider.

Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
My problem is that when they asked me to do the eye test they did not know I woud be having cataract surgery within the four week grace period tonget test done
Expert:  Jamie-Law replied 1 month ago.

Indeed. But the Consultant Ophthalmologists can give evidence to say you are OK to drive.

Does that clarify?

Customer: replied 1 month ago.
No decision has yet been made. I have been advised to s=withdraw my application which is in effect surrendering it.I can then reapply when ten weeks have passed during which time ithink they allow you to drive pending their decision. I just don't know what option to take
Expert:  Jamie-Law replied 1 month ago.

Ok - I would not surrender it, I certainly would consider applying in 10 weeks.

But dont surrender it.

Does that clarify?

Customer: replied 1 month ago.
You see the problem arose because I did not know that applying to change one'sname meant surrendering the licence . Had I known Iwould have waited until my eyes had been dealt with .It is a no chocie situation :: if I sit the test next week (the latest I can do it) and fail they will revoke my licence. It is likely I will fail as it only two weeks since the op and I will notmhave new prescription glasses by then. They have taken no account of my new circumstances with this test. Ican ONLY sit it and risk failing and a revoke or surrender and reapply for,it. Technically it is currently surrendered - so I could chnage my name
Expert:  Jamie-Law replied 1 month ago.

I see, indeed its a difficult position to be in.

I would therefore re-apply once your eyes have settled down and you have new glasses

Does that clarify?

Customer: replied 1 month ago.
My opthalmologist wills see me on Thursday and can even do the test but the DVLA may not accept it. nded tey were saying I could not drive anyway until I getthenew glasses. But even tht is no guarantee I would pass the test. Is there any legal redress that itwas not all clear when I sent ,Y licence off for its name change that I was surrendering it. Ithoughtitnwasthesame as a hanging ones address.
Expert:  Jamie-Law replied 1 month ago.

Yes of course. I would recommend you wait and then re-sit it when all has settled with the new glasses.

Does that clarify?

Customer: replied 1 month ago.
It's nota case of resist it -it's sit it now as they demand or surrender and reapply
Expert:  Jamie-Law replied 1 month ago.

I would sit now. Then you will fail, you can appeal and then get evidence from your Consultant Ophthalmologists.

Does that clarify?

Customer: replied 1 month ago.
But they are clever, if I do not sit it and surrender , when I do reapply I get a sort of amnesty that means I v=can drive while they make a decision - whcichWILL still include the test. Is there no redress in law for misleading me about the name change process because I would never have done so ini hadknown the consequences
Customer: replied 1 month ago.
I would habe just kept my licence in my old name until all they eye work had been done and followed my Drs advice re driving.
I am sick with worry as I can see the licence disappearing for ever with me having no right to appeal as there are no grounds
Expert:  Jamie-Law replied 1 month ago.

Indeed. But you can appeal and your Consultant Ophthalmologists can give evidence.

Does that clarify?

Customer: replied 1 month ago.
I see. So I shoul d surrender nd reapply and if it's revoked the opthalmologist can supply evidence to support me.
Expert:  Jamie-Law replied 1 month ago.

Yes I would do that

Does that clarify?