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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65352
Experience:  Over 5 years in practice.
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My Partners Driving Licence has been unjustly revoked by the

Resolved Question:

My Partner's Driving Licence has been unjustly revoked by the DVLA.What is the best way to approach this problem?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Why has it been revoked?
Customer: replied 1 year ago.

Maureen has occasional short term memory loss. which does not effect her driving.On 20 October 2011 she had tests which indicated some cognitive disorder .Since that day she has been allowed to continue driving up to 5 April 2013 when she received a letter from DVLA revoking her licence.Two doctors have reassured the DVLA that they can see no reason to stop her from driving. She has NEVER had an accident in 52 years of driving and since the cognitive disorder was diagnosed had driven continuously over 8000 miles without any problems.Surely the DVLA cannot be allowed to withdraw her licence without her having the opportunity to dispute their opinions at a tribunal or Court

Expert:  Jo C. replied 1 year ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

They can revoke licences without reference to a court if they are of the view that road safety is compromised.

Generally speaking, their default position is to revoke and then investigate as, in fairness, public safety is more important than an individual's right to drive.

You can always ask them to reconsider but it would seem that you have done that already to no avail.

You can appeal any decision of the DVLA to the local Magistrates Court. It will cost about £185 to issue. There is no legal aid but you can appear unrepresented.

You do need to be in a position to raise medical evidence to the effect that there are no safety issues though. Its one thing to have a right of appeal and another to have a good chance of appeal. Unless you can satisfy a court that there is no risk to the public in this condition it would be a waste of time and money.

If the Magistrates Court reaches an adverse decision then you have a right to appeal either to the Crown Court or the administrative court depending on the ground of appeal.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65352
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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Jo C.
Jo C.
Barrister
3216 Satisfied Customers
Over 5 years in practice.