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I was an MOT tester but VOSA have revoked my licence for 2…

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I was an MOT tester...
I was an MOT tester but VOSA have revoked my licence for 2 years following mistakes made on a mystery shopper visit. I have gone through their in house appeals process to no avail and now ive lost my job. A friend has advised me that their appeals process may not be valid as it doesnt comply with Article 6 of the Human Rights Act ie it is not independent. Is this true and if so what is my next move?
Submitted: 5 years ago.Category: UK Law
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5/1/2012
Solicitor: UK-Justice, Barrister replied 5 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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Thanks for your question. Please remember to click ACCEPT once you get my answer.
What was their appeal process?
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Customer reply replied 5 years ago
A personal hearing in front of officials of VOSA appeals branch. The statutory requirements ae contained within the Motor Vehicles (Tests) Regulations 1981 and detials of the conduct of appeals is in Vosas MOT Testing Guide appendix 8 which you can download free from their website. I know of several other instancs where testers have comitted similar 'offences' but have just recieved a warning, are they bolund b precedent?
Solicitor: UK-Justice, Barrister replied 5 years ago
What you dont have is a Human Rights argument.
This applies to matters relating to Court (mainly criminal).
As such you can't use that.
However what you can do is Judicially Review the decision.
This is where the Courts examine the legality and reasonabless of the decision.
The Court can affirm, quash or change the decision.
The Court will see if they took into account of irrelevant matters or failed to take into account relevant matters.
The Court would also look at what you have said in terms of letting others off.
But as a public body their decisions can be examined by a Court.
You would need a Solicitor to write a pre-action letter, issue proceedings and to present your argument in Court.
But you can JR the decision.
Please remember to click accept so that I am credited for my time. Thank you.
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Customer reply replied 5 years ago

Thanks for your answer, i value your expert opinion even though it doesnt favour me! Ive signed up for 7 day free trial is your answer included in that or do i pay you now?

Regarding JR is this alengthy /complicated process, how much will it cost and can i apply for legal aid?

Solicitor: UK-Justice, Barrister replied 5 years ago
If you click accept you can ask follow up questions for free.
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UK-Justice
UK-Justice, Barrister
Category: UK Law
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Experience: Called to the Bar in 2007

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