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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Having lost my photo card part of my driving licence

Resolved Question:

Hello,
Having lost my photo card part of my driving licence a little while back I have just contacted the dvla to get a new one ordered. To my astonishment they have just told me that my driving licence was revoked back in 2002! They said it was revoked for amassing 6 penalty points in my first 2 years of driving.
Looking at the paper part of my licence which I do have, I did get 6 points within first two years of having my full driving licence (although the first 3 were 3 years previous from when I had a moped on my provisional licence). And the fact I have my paper part proves they put the points on to make it up to 6 and sent the licence back to me!
They told me that I would have recieved 4 letters informing me and requesting me to send my licence back to them. I'm 100% sure I never recieved any letters and I have no knowledge of this and have been driving ever since. I've lived at the same address since 1995.
I'm an electrician and own my own small company and need to I drive every day.
I'm not sure how to fight this or even of I can. I have paid tens of thousands of pounds in what I would presume to be invalid car and van insurance premiums and do not fancy doing my driving test again!
So basically my question is how do I fight this?
Do I stop driving?
If I can't get this sorted will my insurance payment be invalid and be paid back to me?!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear, you had 6 points within the first 2 years?Have you changed address?
Customer: replied 1 year ago.
Hi,No not moved address.
Yes I did have 3 point within first two years of having full licence. Although 3 were from before I had full licence.
Expert:  Ash replied 1 year ago.
Its bad news I am afraid. Under the new driver provisions if you get 6 points within 2 years of passing your test you will be made a provisional driver. It makes no difference if some of those points were accrued before you passed your test.As such I am sorry to say you need to apply for a new licence, drive as provisional driver and pass a test.This is because you have 6 points and come under the new driver rules.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Yes I knew all that.My question is, this should of been sorted 14 years ago when it happened. I should of been informed then but I was not and have been driving ever since. I wouldn't know now if I didn't lose my photo card and rang them to request a new one. I'm basically thinking because I wasn't informed I want them to acknowledge they have made a mistake and give my licence back and the best way to do that
Expert:  Ash replied 1 year ago.
Potentially you can Judicially Review their decision, but this should have been within 3 months of revocation. Potentially you can set the matter out to them and the fact its been 14 years and see what they say.If they still refuse then you could Judicially Review THAT decision to refuse to re-consider or do anything.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Ok thanks. So how do I judicially review their decision?
Expert:  Ash replied 1 year ago.
Well first you need to write and ask them to reconsider given the length of time and say you dispute and want to appeal this, given the length of time you have been driving etc.They may come back and say yes or no.If they say no write back and ask them consider it again and that you will be seeking to Judicially Review THAT decision (not the original decision as you are too late).If they refuse then you have to go to the High Court.Here is a guide here on JR's:https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdfDoes that help?Alex
Customer: replied 1 year ago.
Yes thank you.
If they say no, where do I stand with my insurance premiums I've paid over that time?
I presume my insurance company will tell me my insurance is void and invalid as I don't hold a driving licence. Will I then be able to request my premiums be returned to me? Or at least most of them minus admin fees?
Expert:  Ash replied 1 year ago.
Sadly no - this is because they did insure you to drive. Whether or not you were entitled to is a different matter.I am sorry.Alex
Customer: replied 1 year ago.
What a nightmare!
Expert:  Ash replied 1 year ago.
Indeed. Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
But did they? Because if I made a claim they would of not paid out?
Expert:  Ash replied 1 year ago.
But thats because you didnt disclose something. They still offered and you accepted insurance.So no, you cant get premiums back.I am sorry.Alex
Customer: replied 1 year ago.
How much might this high court thingy cost? Ballpark?
Expert:  Ash replied 1 year ago.
Just to issue the claim the Court fee is £480. To hear the claim it would be £1090. These are just the Court fees.Does that clarify?Alex
Customer: replied 1 year ago.
Yikes!
Customer: replied 1 year ago.
Yes thanks the info
Customer: replied 1 year ago.
For
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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