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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Have had an ongoing dispute with dvla about my category A entitilment

Customer Question

Have had an ongoing dispute with dvla about my category A entitilment they conceeded that I passed the test on 20/09/2000 but maintain I did not claim this entitlement within the 2 years I obviosly argued that I had . As time passed I split from my partner and moved from that address , had no contact for several years only recently on talking terms again but she has now passed onto me my original pass certificate which was returned to that address by the dvla this is clearly stamped by the dvla with the date and a 3 letter code on 2 separate occasions contacted dvla and they said post this in to them absolutely unwilling to part with the only proof of this I have but they are unable/unwilling to meet with me personally so that I can present this evidence to them not sure what to do next as I'm at a stalemate with them
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
Wondering what I should do now can I hire a solicitor to copy and list the evidence proving that this document exists then get the solicitor to send it to them ? Can I take them to court and keep the original for court only sending them a copy ? have been unable to ride for several years now am I entitled to be compensated for loss of this entitlement
Customer: replied 1 year ago.
I Wondering what I should do now can I hire a solicitor to copy and list the evidence proving that this document exists then get the solicitor to send it to them ? Can I take them to court and keep the original for court only sending them a copy ? have been unable to ride for several years now am I entitled to be compensated for loss of this entitlement ? If I can prove i claimed this within the time surely they must have to reinstate my entitlement?
Expert:  Jo C. replied 1 year ago.
You can do that but I wouldn't suggest it. It will just rack up costs and it will do nothing that you cannot do yourself.
You just write to the DVLA asking them to reconsider. If they refuse then appeal their decision to the JP court.
You do not have a claim in compensation although you would be entitled to recover your costs if you won.
You do have a right to appeal their decision to refuse the entitlement though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
They have agreed to consider what I'm claiming if I send them the original but im unwilling to give up the original evidence because if they "lose" it then how could I ever prove this document existed ? Am I being unreasonable ? Based on previous dealings I feel I'm justified to not trust in their abilities this entitlement is important to me based on a lifelong passion for motorcycles so if I need to spend to reclaim this so be it . If it was you in my shoes what would you do ?
Expert:  Jo C. replied 1 year ago.
No, I do completely see your point.
You could send it recorded delivery but that doesn't change the point you are making.
I would send them a copy. They will protest. Then I would appeal. That way, ultimately they will have to see you in person in court.

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