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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my husband has had a isolated siezisure he is a HGV driver

Resolved Question:

my husband has had a isolated siezisure he is a HGV driver and the DVLA has took his licence off him for five years.. his test results from hospital have shown no epileptic tendencies but will not give back his licence,therefore he cannot do his job and as a result has lost his lively hood through no fault of his own... his employer has given him a alternative job but with greatly reduced salary and not suitable for his abilities .. it seems grossly unfair that the DVLA is punishing him worse than a drunk driver when he his not to blame and no one seems to no if he is entitled to any benefits of any kind to compensate loss of earnings...
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether he has appealed the decision to the Courts yet?

Customer:

hello Alex my name is ***** ***** have not made an appeal in courts yet..i am not sure which path to follow at the moment,

Customer:

reading through the letters he received from the DVLA he could try appealing to the DMbusiness support with any medical evidence or information that would help is case... which i can only see as medical examination D4 .. which i hppe his doctor could arrange for him.

Customer:

Hello Alex my name is ***** ***** have not made an appeal to the courts yet.. we are not sure what path to follow at the moment, reading through the letters he received from the DVLA he could try appealing to the DM business support with any medical evidence or information that would help his case... which i can only see as a medical examination D4.. which i hope his doctor can arrange for him... he is definitely not epileptic.. and it seems to point to a drug called sertraline he was taking for depression and one of the listed side effects of the drug was seizures ..he has not taken the drug since..it also states in a paragraph from the DVLA that it is advised that a person should not drive for six months. it does not say compulsery five years ,, so they seem to be conflicting rules.. we just unsure which path to take first ...x

Alex Watts :

I would get his GP to arrange an appointment and provide a second opinion medical assessment. That can then go to the DVLA and you can ask the DM unit to review this.

Alex Watts :

If that is not successful you have a right to appeal to the Magistrates Court.

Alex Watts :

The appeal will be heard by 3 Magistrates and you can present why the medical evidence is wrong and what evidence you have to support your appeal. The DVLA will say why they object.

Alex Watts :

Then the Court will make a decision.

Alex Watts :

But the first step is to get a GP medical report. Then appeal to the DM unit, then finally to the Court.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what rating in your opinion do you have on him having any success in getting his HGV licence back before five years... do you no of any success stories?

Alex Watts :

I think if there is no history then the odds are in his favour.

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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