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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69513
Experience:  Over 5 years in practice
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I moved to the u.k in 1999 and transferred my licence over

Customer Question

I moved to the u.k in 1999 and transferred my licence over to UK one which I have been using ever since,i then got my UK motorbike licence in April 2015.and In the last 6 months I have had 2x speeding fines both with 3 point penalty, I have now been sent a notice informing me my licence has been revoked as a new driver with 6 points in the first 2 years of passing my test and I now need to reapply for my Licence, I don't seem to have the opportunity to contest that i am not a new driver, just additional category, and secondly I am now also aware of another fine for speeding may be coming up which may be 6 points again and do not seem to be able to reapply for my licence. I need the Licence for my work and was expecting to plead exceptional circumstances for me and the company in court if given the opportunity. Where do I go from here
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What would you like to know about this please?
Customer: replied 8 months ago.
Hi Jo
I would like to know if there is a way to contest the Dvla court fixed penalty revoking of my licence and how? I have accepted the 6 points however as there has been no option offered on the Dvla paperwork to dispute the fact that im not a new driver, And if the pending points that I have not yet accepted guilt for and would want to try and plead exceptional circumstances in court for could stop me from starting my new application for a provisional licence. I Need my licence right now to buy me time while I wait for the court date where I hope to maybe get less or nil disqualification time later
Regards
Gary
Expert:  Jo C. replied 8 months ago.
When you say that you transferred your licence over, what do you mean ?You mean you exchanged it to a UK licence?
Customer: replied 8 months ago.
Yes that's correct I came from Zimbabwe which used to be Rhodesia ( ex uk colony) just posted off my licence they posted me a uk one back in 1999
Expert:  Jo C. replied 8 months ago.
Did you apply for a provisional when you took a motorcycle test?
Customer: replied 8 months ago.
Yes , C B T , provisional, module one and then module 2 to complete the licence
Expert:  Jo C. replied 8 months ago.
You could have done CBT on a full driving licence?
Customer: replied 8 months ago.
Yes to get a bike under 125cc you just need a CBT and then ride with L plates, I intended on getting a larger bike this summer but as you can imagine that's not on my plans any more
Customer: replied 8 months ago.
Sorry I think you're right CBT, theory then module 1 and 2
Expert:  Jo C. replied 8 months ago.
OK. You could argue this. The reality is that if you are a new driver then you are subject to revocation. There is no way around it. If you acquire six points then that leads to revocation with no appeal. They may have just made a mistake. I must admit that I do not think they can be right to say that you lose your full licence because you were taking a biker’s licence. That would mean that you could drive your car throughout which can’t be right. However, the reality is that there is very little point in arguing with the DVLA. It would be worth writing to them upon this point. If they will not relent then you can just appeal their decision to the Magistrates Court. That could take as long as a revocation though. Another alternative is judicial review but that is very expensive and also they could argue that the matter should before the Magistrates first. However it is quicker. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
Thank you Jo
if the revocation stands then would they be able to stop me from applying for the provisional due to a pending penalty which I know is coming as it comes via work who informed me they have forwarded the fact that I'm the driver of the said vehicle, but have not received yet or admitted guilt for, my worry is how long I will have to wait for this to be processed without me being able to go through the process of reapplication, and I wonder if it will be worth it in the end if I am then not sucsessfull and get 12 points , I have looked at my licence online and there is still only 6 points, surely they can't stop my application untill they know I'm guilty of the last offence ?
Expert:  Jo C. replied 8 months ago.
Yes, but that wouldn't lead to your further revocation. That wouldn't be a further six points.
Customer: replied 8 months ago.
Unfortunately due to the speed it may be a further 6 point penalty but I still would need to accept guilt, as it stands without this My letter says I can reapply straight away for a new licence however when I tried to start my application for the provisional online it said this service is not available to you so my question is, legally can they stop me from reapplying when they do not know the outcome of the last penalty yet?.i was hoping to go to court with it but would have had my licence in the meantime while I was waiting
Expert:  Jo C. replied 8 months ago.
You would only be revoked once but if you got the revocation overturned this would rende you liable to a ban for totting.
Customer: replied 8 months ago.
So if I don't try and get it overturned and am able to reapply, does that mean I don't carry the points to my new licence ?. Then maybe have to do it all again?.
Expert:  Jo C. replied 8 months ago.
You do carry the points if the revocation is lifted or if you just apply again but your new licence will not be removed for acquiring a further six.
Customer: replied 8 months ago.
Thank you Jo for your assistance
I am just uncertain why I the online application currently says I am ineligible to apply, see attached.
Expert:  Jo C. replied 8 months ago.
Because there has been revocation.you have to retake your test.
Customer: replied 8 months ago.
Is the first step in retaking my test not to apply for my provisional ?
Expert:  Jo C. replied 8 months ago.
You would need to apply for a provisional before you could book lessons but the online system won't recognise that.Delighted to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69513
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you, ***** ***** have, you have been very helpful , I am only left with applying using the D1 paper version which is slower and my fear was that the wording of ineligible for service does not sound like an online issue rather my upcoming points issue,
I will try to get clarification as soon as I can contact the DVLA, before posting.
Thank you for your time
Expert:  Jo C. replied 8 months ago.
It might be the online version will upload again on Monday morning.But usually the D1 paper version is the better and more reliable option.

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