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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice.
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DVLA HAVE LOST MY LICENCE,NOW SAYING I ONLY HAVE A PROVISIONAL,THEY

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DVLA HAVE LOST MY LICENCE,NOW SAYING I ONLY HAVE A PROVISIONAL,THEY DO KNOW I PASSED MY TEST BUT ARE SAYING I DIDNT SEND IN PROVISIONAL WITHIN THE 2 YEARS,THEY HAVE HAD MY FULL LICENCE ON AT LEAST 3 OCCASIONS FOR CHANGE OF ADDRESS AND IT HAS ALWAYS COME BACK OK ,BUT NOT THIS TIME,I HAVE SENT THEM SO MUCH PROOF THAT I HAVE A FULL LICENCE INCLUDING PURCHASING A CAR ON HP,LEASING A VAN AND PROOF THAT THE GARAGE WHERE I PURCHASED MY CAR SENT A FAX THROUGH TO DVLA TO CONFIRM THAT I HAD A FULL AS I HAD JUST PASSED MY TEST AND HAD SENT PROVISIONAL OFF TO DVLA SO THE GARAGE NEEDED CONFIRMATION THAT I DID HAVE A FULL. I ALSO HAD A SPEEDING FINE ON THIS FULL LICENCE A COUPLE OF YEARS AFTER PASSING THE TEST,SURLEY THIS WOULD HAVE BEEN PICKED UP BY THE LAW IF DRIVING ON A PROVISIONAL AS THIS WOULD HAVE BEEN MORE SERIOUS. DO YOU THINK I HAVE A CASE, AS DVLA WONT BUDGE AND SAY I NEED TO RETAKE MY TEST.THANK YOU ,CRAIG MARINER.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What exactly would you like to know?
Customer: replied 4 years ago.

i want to know if i have a good enough case with all the proof in black and white to take dvl a to court. i have proof i passed my test and proof i purchased a car on hp within 3 weeks of passing,proof from the garage and fiat auto finance that i had a full licence,proof that i leased a van for 4 years,all of this requires a full licence by law. dvl a are saying i must retake my test ,i don't see why i should as its their mistake,i should never ever of had to get this proof. how can they go on denying this ,As they are saying i only have a provisional they must have lied to fiat finance and fiat finance must have lied to the garage where bought the car ,I also worked for Avis car rentals ,although i have no paper work to prove this i do have 2 witnesses that worked with me and willing to swear on oath that i had a full licence.

I'm sorry for the delay. I'm having connection issues.

When did you pass your test?
Customer: replied 4 years ago.

Hello, 17th August 2000.

Sorry I'm not quite clear whats happened here.
Are they saying its been revoked because you didn't apply for a full?

How could they have lost the original?
Customer: replied 4 years ago.

Yes,thats exactly what they're saying,even after all the proof iv'e sent them ,I have written to Simon Tse the executive ,they say that the only way i can prove it is to send the counterfoil part ,but they know i haven't got that bit. They have no record of me what so ever ,I thought it was there responsibility to keep our records safe.I think its against my human rights to make me take my test again. Craig.

Sorry, can we just narrow this down?

They are saying that they have revoked it because you never applied for the full licence?
Customer: replied 4 years ago.

Yes ,but i sent it to them soon after passing,then on the 08/09/2000 it was confirmed by them that they had received it to be updated to a full through a fax by Fiat Auto Financial services,ref no XXXXXXXXXXX

Did you ever get the full licence? They are often losing documents.
Customer: replied 4 years ago.

YES.

It is for them to keep their records safe as they are data controllers under the DPA.

However, it is not a breach of human rights to remove your licence.  You do not have a human right to drive.   It is a privilege not a right.  It is a right that you have earned by passing the test so there are other options.

That said, just because they have lost the records does not mean they will presume you were licenced.   They will presume you were not unless you can convince them you were or a court overturns their decision.

You could complain to the information commissioner as they are data controllers but it doesnt really achieve the end you want.

If the DVLA will not revisit their decision then you can appeal that to the magistrates court.  It is an odd appeal in fairness.  But you can appeal any decision of the DVLA.   Having an automatic right of appeal though is not the same thing as having a good chance of appeal.  You will have to convince them that you were licenced.   You do have some evidence to support that though.

If that fails though you could consider a judicial review but that will be expensive.

In fairness though, I do think there is a judicial review argument here if they are refusing to consider any other evidence than the type they arbitrarily demand.

Hope this helps.   
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