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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience:  Over 5 years in practice
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I am aged 50 and recently applied renewal of my hgv

Resolved Question:

I am aged 50 and recently applied for my renewal of my hgv entitlement.
Due to my age I had to have my doctor fill out the form.
2 years ago I had an episode with cocaine which was noted on my file.
Since then I have been drug free and alcohol free.
My doctor even added a note recently stating this.
I have today received a letter from Dvla revoking my licence for 36 months.this is devastating to me.my only form of livelihood and ability to provide for my family have been taken away.
They appear to have based their decision simply on this note and as I,ve never been convicted of any related issues it seems very harsh.
I want to appeal the decision
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
How can I help with this please?
Customer: replied 9 months ago.
I.d like your advice as to what I should do next?
Expert:  Jo C. replied 9 months ago.
To achieve what?
Customer: replied 9 months ago.
to achieve a successful appeal of the revoking of my licence?,I thought I had explained that. Sorry if I hadn't put it in my initial explanation. I wasn't thinking very straight at the time.
Expert:  Jo C. replied 9 months ago.
What was the episode?How did it come to attention?
Customer: replied 9 months ago.
I had prostate cancer and was in a very low place at the time I turned to a drug for a short space of time and approached my doctor for help with this.i overcame both and felt life was going from good to very good.
When I sent in my application to renew my hgv I had to add a medical from my doctor(feb2016).
The doctor I saw was very strict and had to add the notes concerning the drug taking from 2 years ago.
Due to this Dvla began an investigation into my fitness as a driver and today wrote revoking my licence
Expert:  Jo C. replied 9 months ago.
Thanks. It is always open to you to appeal the decision of the DVLA. You can pursue an appeal to the Magistrates Court and thereafter to the Crown or judicial review. However, having an automatic right of appeal is different from having good grounds of appeal. To get this overturned you will have to convince them that there is no danger to road safety and that will mean calling medical evidence to support that. The fact that you have used illicit drugs once would not normally of itself lead to revocation of your licence. It must be combined with some health complaint or other concern that you would do it again. It is that that you would need to rebut. Can I clarify anything for you? I'm just offline for a couple of hours but I will be back later. Jo
Customer: replied 9 months ago.
Thank you, ***** ***** of the procedure to appeal,starting I hope with the Dvla themselves.should this fail I will take the matter onto the courts.
I intend to send in representations from my doctor,my manager ,my transport manager,a recent blood test,and I shall visit a drug help center to add their weight.
Would you think Dvla would have to give the full explanation for the ban if I ask? I would like to know what I,m up against beforehand and any evidence I would need to gather to refute this.
Expert:  Jo C. replied 9 months ago.
It is worth asking them to reconsider. Even if they don't they will send you written rejections which will give you an idea of what they are thinking.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience: Over 5 years in practice
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