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| c_dug |
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c_dug
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Joined: 04 Sep 2007
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 Posted: 08:04 - 10 Sep 2011  Post subject: Help needed - DVLA revoked my licence! |
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Hi guys,
Back in March I got caught speeding for 87 in a 50, I was given three points at the side of the road. I was caught near Canvey Island (Essex Police area) but I live in Romford which is Met, when the officer asked what station I wanted to hand my licence in to, I said Romford.
Unfortunately I had misplaced my licence so had to apply for a new one. I went into the station and asked if they could extend the 7 days I was given. The lady at the counter said that if I was caught in a Met area she could have, but because I was caught in an Essex area she didn't know how it worked, and refused to extend it.
Obviously I missed the 14 day period so it went to court. The court gave me 6 points and £0 fine. I was asked to send both parts of my licence to the DVLA to have the points issued.
I sent the licence about 6 weeks ago now. Yesterday I got a letter from the DVLA telling me that because I didn't send my licence to them, they are revoking it as of today.
Of course stupidly I didn't send the licence recorded, and typically the one important thing I send goes missing.
Is there anything I can do?
____________________
I am a bellend, I am a man of constant sorrow, I am a gummy bear, I am a rock. |
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| Wafer_Thin_Ham |
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Wafer_Thin_Ham
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| Posted: 08:09 - 10 Sep 2011 Post subject: |
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One for Sickpup. I would have thought this falls into the standard DVLA not recieving stuff remit and you can see them in court.
Surely they have you prove you didn't send it rather than you having to prove you have. Did you get proof of postage either?
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| c_dug |
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c_dug
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| Posted: 08:13 - 10 Sep 2011 Post subject: |
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Yep I've PM'd sickpup the link.
I have no proof at all other than the fact that I don't have it any more 
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Wafer_Thin_Ham
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| Rogerborg |
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Rogerborg
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| Posted: 09:00 - 10 Sep 2011 Post subject: |
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Ouch, that's harsh. Definitely speak to sickpup, but I'd take a pretty robust line on this - kick off a complaint, assert that you did send it, but even if you hadn't, that can't possibly be grounds for revoking your entitlement. It could have been lost (actually, it was lost, by them or the Royal Mail), destroyed or stolen, and there must surely be a procedure for dealing with that. The actual physical license is more or less an irrelevance now.
Also: cucking funts. Is pretty much all that I have to say about them. One day a political party is going to realise that it can win in a landslide if it commits to dissolving the DVLA.
____________________
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GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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sickpup
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Posted: 09:30 - 10 Sep 2011  Post subject: |
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| Big_Ham wrote: | Ok, Sickpup's far more qualified |
Not a dig at you but I'm finding it rather funny that I'm the most qualified in this subject. 
OK first step is to fire off a reply that you have the returned the license in full compliance with S7 Interpretations act 1978 and that therefore the license is considered served or returned unless DVLA would like to refute service. I would then point out to them that to refute service will require them to check the mail intake rooms and logs to prove they haven't received the license and that then and only then will you be contacting the Royal Mail. In the meantime you will be reporting your license as stolen to the Police and that it was stolen either in transit with the Royal Mail or at DVLA (I strongly recommend you do this immediately)
I would also point out to the DVLA that you applied for a duplicate license specifically for these points top be applied to so it would seem a bit strange that you then refuse to hand it over.
Does the letter by any chance say what power is being used to revoke your license as I'm not sure DVLA actually have the power to do this especially without refuting service before hand?
The revocation strictly speaking at the moment there is little that you can do about.
Found this...
| Quote: | DVLA Notice
Revocation of Driving Licences
Drivers who receive penalties from the courts or the fixed penalty offices for offences that do not result in disqualification, are required to surrender their current valid driving licence for the endorsement to be added. Many drivers fail to surrender their driving licence to the courts or DVLA and in these circumstances the law provides that we can revoke the licence as a last resort. Before revocation takes place the court will have made the driver aware, on at least one occasion, of the requirement to produce his/her licence for endorsement. Failure to produce the licence will result in the driver receiving a letter from DVLA requesting its return.
Current Procedure
At the point DVLA revokes a licence our current interpretation is that the law allows a ‘concessionary period’ of 12 months during which the driver may continue to drive. If, at the end of the concessionary period, the driver has failed to surrender their licence their entitlement is revoked.
New Procedure
Along with the Home Office, we (DVLA) have reviewed road traffic legislation and will no longer advise drivers that they have a 12 month concessionary period. This means from 7 November 2010, where a driver fails to surrender his/her driving licence for endorsement to the court, DVLA will write to the driver requesting the return of the licence to the Agency. If the driver does not surrender his/her licence, then it will be revoked. DVLA will give drivers 28 days to comply before the revocation takes effect. This is indicated on the letter sent by DVLA to the drivers affected.
Revoked Drivers pre 7 November 2010
In the last year, a significant number of drivers have failed to return their licence and had their entitlement revoked. DVLA would have advised these drivers that despite the revocation, they would have retained entitlement to drive for 12 months as DVLA will have applied that concessionary period. We expect that many of these drivers will have complied during this period and so we do not intend to contact these drivers and will allow the 12-month time period to expire. This means that from 7 November, a 2-tier system will be in place for the following 12 months.
ACTION TO ALL DRIVERS
Given the introduction of the new DVLA procedure described above and in addition to the ongoing desire that no-one receive penalty points while driving, it is important that you ensure that the DVLA has a record of your current address. If the DVLA has an old address listed you will not receive the notice from the DVLA to send in a driving license for endorsement and might only find out in the event of being stopped by the police – which will be too late and result in a long walk home!
All drivers must immediately make sure they are up to date with the DVLA with their current home address and make sure in future when moving home, that you notify DVLA of your new address promptly - failure to do this could have serious consequences for you. |
Note the highlighted points.
If as you claim you have returned the license then the 'last resort' point doesn't apply as you have to the best of your ability complied with the law and DVLA have not refuted service until such time as they have notified you of the revocation of your license therefore instead of it being a last resort the revocation has in fact been used as the first resort. |
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Wafer_Thin_Ham
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| Posted: 11:36 - 10 Sep 2011 Post subject: |
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CaNsA
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c_dug
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| Posted: 20:22 - 10 Sep 2011 Post subject: |
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I've just dug through all my paperwork and found something of mixed news.
Apparently I did receive the letter on the 08/08/2011  , the return slip at the bottom has been cut off though which I guess is a little bit of proof that I sent my licence off upon receiving it.
I also found the tear off from when I applied for my new licence which I guess proves that I did apply for the new licence too.
I'll rewrite the letter. Hopefully it doesn't change things too much, the fact that I sent the licence still stands.
Conan
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c_dug
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| Posted: 09:55 - 11 Sep 2011 Post subject: |
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This is my complete letter.
| Quote: | To whom it may concern
I write with regard to your letter dated 07/09/11 advising me that as I did not submit my licence as requested in your letter to me dated 08/08/11 my licence is cancelled as of 10/09/11.
I am writing to inform you that after your letter to me dated 08/08/11, my licence was immediately posted in full compliance with Section 7 of the Interpretations act 1978, and was therefore considered returned, unless you refute service. For you to refute service will require a full and thorough check of your mail intake room, and also of your logs, to ensure and prove that my licence was not received. Upon proof of this I will contact Royal Mail with regards to the missing licence, I would hate to waste their time if, for example, it was lost internally by yourselves. The Licence has today been reported to the Police as stolen.
I would also like to point out that according to the DVLA procedure of revoking a licence, a licence will only be revoked as a last case resort, and that one letter does not equate to a “last resort”. As you are no doubt aware, and as proven by myself, letters going missing along the way is not exactly unheard of, your eagerness to revoke a licence means you are no doubt removing the earned right of countless innocent motorists such as myself, who have done nothing wrong but have the misfortune to have their licence go missing or be stolen in transit. This leaves me no choice but to use costly, unreliable and slow public transport, which luckily enough is available to myself as otherwise due to your unjust revocation of my licence I would also now find myself unemployed. Instead I merely find myself financially crippled, socially hindered and ineligible for an up and coming promotion at work due to a lack of personal transport.
Lastly I would like to draw attention to the fact that on 27/05/2011, 20 days after the initial speeding offence, I made an application to yourselves for a replacement driving licence as I had managed to misplace my old licence. I made this application at the soonest affordable moment after the offence, with the intention of sending it back to you, when requested, to have the points endorsed; as I was aware that no matter which way my speeding offence went in court, an endorsement was most likely. Since I am sure you keep records of such things I have to question why with this in mind it was still decided that I had intentionally failed to submit my licence when requested. While I do not expect you to have second guessed or predicted my intentions, I would have at least thought that the request of a replacement licence was an indication that I had planned on complying and at least justified the issuing of one more letter before carrying out the revoking of my Licence.
Yours Sincerely
Conan Dugmore
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Should I remove all of the opinion type stuff or should I leave it as it is? I'm worried it comes across as too much of a letter of complaint than what could end up being the beginning of legal proceedings to get my licence back. Maybe I should just stick to the facts and leave it at that?
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I am a bellend, I am a man of constant sorrow, I am a gummy bear, I am a rock. |
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CaNsA
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c_dug
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| Posted: 10:28 - 11 Sep 2011 Post subject: |
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To whom it may concern
I write with regard to your letter dated 07/09/11 advising me that as I did not submit my licence as requested in your letter to me dated 08/08/11 my licence is cancelled as of 10/09/11.
I am writing to inform you that after your letter to me dated 08/08/11, my licence was immediately posted in full compliance with Section 7 of the Interpretations act 1978, and was therefore considered returned, unless you refute service. For you to refute service will require a full and thorough check of your mail intake room, and also of your logs, to ensure and prove that my licence was not received. Upon proof of this I will contact Royal Mail with regards to the missing licence, I would hate to waste their time if, for example, it was lost internally by yourselves. The Licence has today been reported to the Police as stolen.
I would also like to point out that according to the DVLA procedure of revoking a licence, a licence will only be revoked as a last case resort, and that one letter does not equate to a “last resort”.
Lastly I would like to draw attention to the fact that on 27/05/2011, 20 days after the initial speeding offence, I made an application to yourselves for a replacement driving licence as I had managed to misplace my old licence. I would have at least thought that the request of a replacement licence was an indication that I had planned on complying and at least justified the issuing of one more letter before carrying out the revoking of my Licence.
Yours Sincerely
Conan Dugmore
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Nexus Icon
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| Posted: 10:42 - 11 Sep 2011 Post subject: |
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"Revocation" not "Revoking" in your last sentence. 
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CaNsA
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69.9mph
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Old Thread Alert!
The last post was made 14 years, 144 days ago. Instead of replying here, would creating a new thread be more useful? |
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