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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice.
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I am experiencing great difficulty with the DVLA in respect

Customer Question

I am experiencing great difficulty with the DVLA in respect of the return of my Driving licence after having to surrender it due to a Medical problem Ihavw provided all the info requested which was confirmed by the dept but was informed at that time that I may have to wait 12 weeks for a decision ( rather than the previous 8 weeks). I have read the required conditions required to be fulfilled to prove medical fitness to drive and have surpassed the medical requirements AND the time limitations by several months and am stil awaiting a reply some 20 weeks after my application The 12 weeks alluded to above passedf without comment on the 26th Sept I do not receive replies to letters and they do not take telephone calls at all!! Can you please advise on available course(s) of action regards XXXXX XXXXX

Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

The issue is just delay? They are not saying that they will not return it at this stage?
Customer: replied 3 years ago.

for JoC yes, just delay in any responseThey also refuse tosend aletter confirming sect88cover to drive whilst awaitng their decision as I am Told my application was refused for medical reasons whereas i had merely overlooked a Section of the questionaire at the time of the application but immediatly followed up with the answers on their requestsome short time was at this time(25june 2013) they indicated that the 'consideration'of the medical information received' may take up to 12 weeks.

Expert:  Jo C. replied 3 years ago.
Thank you.

It is really difficult to deliver any good news in this situation. I know that the DVLA are often slow and obstructive, not to mention rude and unhelpful.

However, the plain fact here is that they have not said that the decision they have made is against you. All they have done is be slow about making the decision.

Obviously your rights of appeal to the magistrates court and then to the administrative Court are engaged if they refuse you a licence.

What you can do about this delay is another matter. You do have rights of appeal of any decision of the DVLA that the problem with this is that you are not complaining about an adverse decision but about the time they are taking over it.

I suppose that one option is to send them a letter saying that if you do not hear within a certain amount of time, you will presume that the decision is adverse and claim that the magistrates courts at their cost. Whether that would succeed or not is is another matter. It's 50-50 if it went to court.

Can I clarify anything for you?

Customer: replied 3 years ago.

for JoC

Thankyou for the information The problem is that they have not said anything at all.Is one supposed to just sit and wait for an indeterminate period ? In the meantime this is having an adverse effect on my wifes health having to act as my driver added to all her other normal daily tasks. Has the DVLA had its staff reduced to one person?

Expert:  Jo C. replied 3 years ago.
Yes, I do see the objection that you have and it's one that I considered many times before.

The DVLA are typical of a public body. Everyone works fairly rigidly to the terms of their contract and there's no pressure at all to be efficient.

They take forever and a day to make decisions and in the meantime people who on their licence cannot earn.

However, the question is what can be done about? Because they haven't made an adverse decision it becomes very difficult to appeal their decision.

I suppose in principle you could argue that they are behaving negligently but then unfortunately this is pure economic loss which cannot be claimed in tortious law.

There is a complaints procedure. You will find it here

But I do understand your frustration.
Expert:  Jo C. replied 3 years ago.
Can I help further? This has reappeared in my inbox?

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