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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice
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If i want to obtain information from the DVLA that someone

Customer Question

If i want to obtain information from the DVLA that someone has made a maliciious accusation about me and in order to obtain that info i have been told i need a court order how do i apply for it and what is it called thank you
Sam
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and 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

-Could you explain your situation a little more?

Customer: replied 4 years ago.

I want to find out from the DVLA who informed them that i was unsafe to drive since that allegation was made i have proved that i am safe to drive my suspicion it was my ex partner but she swears blind that it was not


This was done so in my opinion so i could not get to see my daughter as they live over an hours drive

Expert:  Jo C. replied 4 years 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.

I am sorry but there is no means of forcing them to hand over that information if they refuse to disclose.

If this is an anonymous allegation then they probably do not even know who gave that information. Anonymous allegations are exactly that designed to encourage reporting although often encouraging malicious claims as well.

Even where the identify of the alleger is known, they usually refuse to disclose upon data protection grounds.

You can make a freedom of information request for that information but they would probably refuse it on the basis that it would hinder law enforcement and also be damaging to the interests of another person.

If they intend to prosecute you on the basis of the allegation of this person then they would have to hand over the statement and reveal their identity or not rely on them at all.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.


Thanks the DVLA told me they would give me info if i supplied a court order


I work as a driver and the damage of false accusations would have lost me my job if i could get the info i wanted to take it to court


Thanks


Sam

Expert:  Jo C. replied 4 years ago.
Then they must know it.

You can make a freedom of information request and if they refuse complain to the Information Commissioner. That is free to do.

Alternatively you would have to seek a mandatory injunction forcing them to give you that information which is quite expensive to do. I dont' know whether you are willing to take that on?