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UK-Justice
UK-Justice, Barrister
Category: General
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Can you tell me, from a legal standpoint, how to deal with the;

Customer Question

Can you tell me, from a legal standpoint, how to deal with
the; DVLA re-issuance of a; 'revoked License'. In brief, my License
was revoked in 2005 (a fact I was completely unaware of). In 2008,
I was stopped for a minor driving offence and had to attend court, where
I subsequently surrendered my License to be updated. The License was returned some weeks later, apparently updated and, as I thought, ready for everyday use! In Dec 2012,
I was stopped by the police and informed after their routine check, that my License
had been revoked since 2005, although they acknowledged that I had attended court
some years later (ie.; 2008 court appearance), they said that they had little choice but
to impound the car 'immediately'. Due to, firstly, the time of year (late December, approx a week before X-mas) and the period of time it would take for me to (as advised) apply for a new 'photo License', which DVLA state clearly, is a three week process, elongated by the Christmas/New Year festivities! The elapse time between applying for the new License (which seemed to be a formality, in terms of the expiry of the License
not seemingly important enough for me to have to satisfy any other criteria other than to pay the standard £20.00 fee, which was refunded to me) and the time alloted by the Pound (14 days), obviously resulted in the car being disposed of, prior to the new License arriving (which, incidentally, was clean since; 2007 confirmed by; DVLA!)

Any advise on which way to take this forward as with relevant authorities I have come to an impasse.
Submitted: 3 years ago.
Category: General
Expert:  Shantal-Mod replied 3 years ago.

Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!


Shantal

Customer: replied 3 years ago.

If possible I would appreciate some advise on this matter. Yes can you please continue your search. I am praying you can help


 

Customer: replied 3 years ago.

yes please

Expert:  Shantal-Mod replied 3 years ago.

Hello,

We will continue to look for a Professional to assist you.


Thank you for your patience,


Shantal

Expert:  UK-Justice replied 3 years ago.
Has your licence expired?
Customer: replied 3 years ago.

No it does not appear so, all the information we are able to find out is 'the liceneced was revoked in 2005'. This revocation was given for points to be added, subsequently when I attended court in 2008 as far as I was aware was to update information but the points had already elapsed and no longer existed.


 


I hope this is helpful


 

Expert:  UK-Justice replied 3 years ago.
Do the dvla still have it as revoked?
Customer: replied 3 years ago.


No, the DVLA sent back a clean licence, it appears the licence was clean from 2008. All points removed in 2007. Even the £20 fee was returned

Customer: replied 3 years ago.


This is a mine field with every pass me from pillar to post without any satisfactory answers

Expert:  UK-Justice replied 3 years ago.
Thanks.

What you should do is write to the DVLA and complain.

They will investigate the matter and come back to you.

If you are not happy with their response then you can seek a Judicial Review.

This is where the Courts examine the decision and see if it is legal and reasonable.

The Court can affirm, quash or change the decision.

But the courts can examine what has gone on.

For a JR you would need a Solicitor as these are specialist proceedings and present your argument in Court.

But yes, you can consider a JR.

I hope this helps as I realise this is stressful.



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