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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64974
Experience:  Over 5 years in practice.
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I have just found out my driving licence has been revoked and

Resolved Question:

I have just found out my driving licence has been revoked and I do not know why. Last March I had 3 points for a speeding offence. I sent my licence back for the points to be added and requested that my address should also be changed. A few days later I received my old licence with the points added and then a short while later a new licence with my new address but no points, the Licence number was the same. My job involves driving and I have been suspended pending a disciplinary hearing and possible dismissal for mis leading the company. I was unaware of any of this until yesterday. I have been in touch with the DVLA who have informed me that my licence was revoked because I did not send it in to have the points added, I have the licence with the points clearly added. I have been told to apply for my licence back which I have done but I have just found out my disciplinary hearing is next week so the matter is becoming urgent. Can you help me please as my job depends on this
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.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

Are asking about your disciplinary hearing? I can help with the revocation but won't know anything about your employment situation.

We have employment experts who can help with that though if you would prefer?
Customer: replied 1 year ago.

 


 


Hi Jo


 


Thank you for the quick response I am OK as far as the Disciplinary is concerned. I need to find out why my licence was revoked after the points were added. Then when they (DVLA) sent me my new licence the points were not there. DVLA are stating I have not had the points added to my licence hence the reason why the licence was revoked. But I have, my licence clearly showing the points. I need help as to getting the DVLA to admit they have made an error which could cost me my job. I did not even think the second licence would have to be sent back as the original licence was showing the points. I am guessing, but surely the DVLA should identify if a licence has points when it is submitted for a change of address, name etc and add these on to the new licence?

Expert:  Jo C. replied 1 year ago.
Thanks.

I just need about 15 mins to consider this and dictate an answer.
Customer: replied 1 year ago.

Thank you

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

The first point to make is that the DVLA do have staff that might be described as jobsworths. There are some very good staff but there are others who are deliberately unco-operative and unhelpful. The sad fact about a public body is that they do not need to deliver good service because the taxpayer will bail them out.

I think that was has happened here though is this. They have realised that your new licence is clean and it should have three points and presumed you failed to send it in for the addition of points. That is absolutely entirely their fault but they will not lightly admit it.

The truth here is that it depends what you want to achieve. You can get back on the road very easily by just reapplying for your licence. In those circumstances, it would not necessarily be in your interests to appeal.

If you need to appeal the revocation because of your employment situation then the procedure is this.


Since you still have the licence with the points added, you just use the internal DVLA appeals procedure. If that fails, then you can appeal their decision to the local Magistrates Court. That will only cost about £185 to issue. They may well throw their hand in at that time. I’m not sure how they will explain the fact of the licence with the points added by any other means.

The only other alternative is that there was a subsequent offence of some kind that went to the old address, led to a conviction in absence and the revocation of your licence because you didn’t send it in. That can be easily resolved by a statutory declaration to that effect but you would obviously need to find out whether that has happened.

You can send a subject access request to the DVLA for that information. They will know full well which court added the points in question and upon what date.

The only problem though is that none of this is going to happen by next week. If you need to be done by that time and there is no room for movement then you are left with calling the DVLA until you find somebody helpful

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64974
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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