Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


Reason I've Not Had A Bike In A While

Reply to topic
Bike Chat Forums Index -> General Bike Chat Goto page 1, 2  Next
View previous topic : View next topic  
Author Message

Just_James
Could Be A Chat Bot



Joined: 29 Aug 2014
Karma :

PostPosted: 20:15 - 22 Sep 2014    Post subject: Reason I've Not Had A Bike In A While Reply with quote

Several years ago I was looking at my photocard driving license and noticed it didn't show my motorbike entitlement.
Obviously DVLA had made an error so I sent my license and covering letter to them and got the reply attached......

Shocked .... Evil or Very Mad .... Crying or Very sad

I contacted them by phone straight away and they basically said nothing they can / will do! They even told me the date and locations I passed my theory and practical tests but insisted it made no difference that I'd passed, they apparently have no record of me sending in my pass certificate and so their policy is that I have no option but to do every test again.... including CBT Crying or Very sad

I didn't send my certificate by recorded mail but it was certainly sent. Following that I didn't give it another thought, I was on the road on a motorbike and all was good with the world.

That dealing with the DVLA knocked me ill and obviously really left me bitter, there was no way I could bring myself to do the tests again and indeed PAY for it all again so I have been off the road since! Crying or Very sad

Just about at a point now where I'm coming round to the fact that I've been shafted and there's nothing I can do about it. I'm missing being out on bikes too much so just gonna have to get on with it. Still a very bitter pill to swallow though Mad
 Back to top
View user's profile Send private message You must be logged in to rate posts

DRZ4Hunned
World Chat Champion



Joined: 15 Apr 2014
Karma :

PostPosted: 20:21 - 22 Sep 2014    Post subject: Reply with quote

That's pathetic on the DVLA's behalf, I've realised they're nothing but a money generating scheme as they make you take separate theory tests for car and motorcycle when they're almost exactly the same. Mad
 Back to top
View user's profile Send private message You must be logged in to rate posts

instigator
Super Spammer



Joined: 19 Oct 2004
Karma :

PostPosted: 20:24 - 22 Sep 2014    Post subject: Reply with quote

Harsh lesson to learn... sending anything to the DVLA has to go recorded delivery. Most of us learn that the hard way.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Wonko The Sane
World Chat Champion



Joined: 20 Jan 2013
Karma :

PostPosted: 20:39 - 22 Sep 2014    Post subject: Reply with quote

I take it you've not got an old license that proves you had the entitlement or a scan sent to your insurers?

I've thankfully still got my certificates as I'm new enough to bikes for it to have just been done electronically at the test centre.

Hard pill to swallow, but a friendly training centre might be happy to take you out on your own bike to make sure no bad habits will stop you walking the tests
____________________
Looking to pass your CBT / Bike tests in Bury Lancashire? try www.focusridertraining.co.uk Would recommend.
They're also on Facebook https://www.facebook.com/pages/Focus-Rider-Training/196832923734251
 Back to top
View user's profile Send private message You must be logged in to rate posts
Quornholio This post is not being displayed because the poster has bad karma. Unhide this post / all posts.

grr666
Super Spammer



Joined: 16 Jun 2014
Karma :

PostPosted: 21:00 - 22 Sep 2014    Post subject: Reply with quote

I know it's no help to the OP, but for anyone new passing their mod 2, it's a very good idea to get your
examiner to send your licence in for you at the point he/she tells you you have passed. This way you retain your
Theory>CBT>Mod1>Mod2 certificates for future use if needed. Just in case of situations such as this.
It also saves you money on postage.
____________________
Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off. Thumbs Up
 Back to top
View user's profile Send private message You must be logged in to rate posts

Ballpien
Trackday Trickster



Joined: 13 Aug 2013
Karma :

PostPosted: 21:16 - 22 Sep 2014    Post subject: Reply with quote

^ I did this and had no problems what-so-ever. Let your examiner do it. As he said to me, It's going from one DVLA dept to another. Why fuck about doing it yourself and risk it all going tits up...
____________________
R125 - FZ1n ABS

Looking forward to the 5,000,000th post in 2017
 Back to top
View user's profile Send private message You must be logged in to rate posts

Wonko The Sane
World Chat Champion



Joined: 20 Jan 2013
Karma :

PostPosted: 21:20 - 22 Sep 2014    Post subject: Reply with quote

Ballpien wrote:
^ I did this and had no problems what-so-ever. Let your examiner do it. As he said to me, It's going from one DVLA dept to another. Why fuck about doing it yourself and risk it all going tits up...


Part of the issue is the DVLA when you renew your license / change your address sometimes cock up.
____________________
Looking to pass your CBT / Bike tests in Bury Lancashire? try www.focusridertraining.co.uk Would recommend.
They're also on Facebook https://www.facebook.com/pages/Focus-Rider-Training/196832923734251
 Back to top
View user's profile Send private message You must be logged in to rate posts

thomp1983
Crazy Courier



Joined: 05 Feb 2011
Karma :

PostPosted: 21:21 - 22 Sep 2014    Post subject: Reply with quote

id get the information they have showing they know you passed In writing then politely inform them of tge law regarding if you say you posted it then they received it and give them a reasonable time frame to sort it or tell them you'll see them in small claims court for all the test fees plus the expenses with taking time off to do them
 Back to top
View user's profile Send private message You must be logged in to rate posts

stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :

PostPosted: 23:47 - 22 Sep 2014    Post subject: Reply with quote

Yammykid wrote:
they make you take separate theory tests for car and motorcycle when they're almost exactly the same. Mad


When I did mine when theory tests werte just coming in, they WERE the same. To the point that I never did a theory test for my car licence. My motorcycle theory test pass was still valid (you could also do the theory test AFTER passing the practical).
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Wull
Crazy Courier



Joined: 10 Apr 2014
Karma :

PostPosted: 04:50 - 23 Sep 2014    Post subject: Reply with quote

They're a bunch of tosspots!!!!!!
____________________
"Scooters are for men who want to ride motorcycles but prefer to feel the wind on their vaginas"
 Back to top
View user's profile Send private message You must be logged in to rate posts

P.
Red Rocket



Joined: 14 Feb 2008
Karma :

PostPosted: 05:56 - 23 Sep 2014    Post subject: Reply with quote

Was A2 a thing is 2002 Neutral
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 07:38 - 23 Sep 2014    Post subject: Reply with quote

grr666 wrote:
I know it's no help to the OP, but for anyone new passing their mod 2, it's a very good idea to get your
examiner to send your licence in for you at the point he/she tells you you have passed.

According to my examiner, they don't actually send it in, they just shred it. Shocked

Paddy. wrote:
Was A2 a thing is 2002 Neutral

No, they've always messed that up. They mean the old style "A2" test bike, aka "standard motorcycle", which they (and only they) defined as 121-125cc, up to 11kW and capable of at least 100kph. It's confusing now that there is an actual European A2 license class and a completely different European wide definition of a A2 bike, but they don't give a toss.

OP, I assume that you never had a license showing any "A" entitlement? Sad

Oh, and never, ever, ever send your license to the DVLA. Just "lose" it. Don't give them a chance to do so.
____________________
Biking is 1/20th as dangerous as horse riding.
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
 Back to top
View user's profile Send private message You must be logged in to rate posts

Just_James
Could Be A Chat Bot



Joined: 29 Aug 2014
Karma :

PostPosted: 08:41 - 23 Sep 2014    Post subject: Reply with quote

Rogerborg wrote:
grr666 wrote:
I know it's no help to the OP, but for anyone new passing their mod 2, it's a very good idea to get your
examiner to send your licence in for you at the point he/she tells you you have passed.

According to my examiner, they don't actually send it in, they just shred it. Shocked

Paddy. wrote:
Was A2 a thing is 2002 Neutral

No, they've always messed that up. They mean the old style "A2" test bike, aka "standard motorcycle", which they (and only they) defined as 121-125cc, up to 11kW and capable of at least 100kph. It's confusing now that there is an actual European A2 license class and a completely different European wide definition of a A2 bike, but they don't give a toss.

OP, I assume that you never had a license showing any "A" entitlement? Sad

Oh, and never, ever, ever send your license to the DVLA. Just "lose" it. Don't give them a chance to do so.


Yep the A2 license back then let you ride any bike upto a certain power output but it automatically upgraded to full entitlement after 2 years so you could ride any size machine. I'd bought an XR250R as a project and it allowed me to ride that without it being restricted which was all I wanted at the time then as I say, after 2 years you could ride whatever you wanted.

I don't recall whether my license at any point showed the A entitlement, it wasn't something I looked out for but all I have now is my photocard license which obviously doesn't have it on Sad

I think there was various correspondence with the DVLA but it's largely a hazy memory to be honest as once I realised there was nothing I could do I pretty much put a mental block on the whole thing as the frustration was overwhelming! Crying or Very sad
I didn't even know I still had that letter, just came across it yesterday when I dug out my MR2 file (got someone coming looking today).
 Back to top
View user's profile Send private message You must be logged in to rate posts

pepperami
Super Spammer



Joined: 17 Jan 2010
Karma :

PostPosted: 09:00 - 23 Sep 2014    Post subject: Reply with quote

On a much happier note Smile

The electrical gremlins have been sorted out on my bike and I`ve just got it back after 6 weeks Shocked .
The mighty Pepperami is now back on the road Thumbs Up
____________________
I am the sum total of my own existence, what went before makes me who I am now!
 Back to top
View user's profile Send private message You must be logged in to rate posts

gorillaonabik...
Nearly there...



Joined: 31 Jul 2011
Karma :

PostPosted: 09:07 - 23 Sep 2014    Post subject: Reply with quote

As a suggestion which might save you time and money, why not check the law, free of charge, before redoing everything? In '95, the law was very simple. If you'd mailed it and they hadn't received it, the law would have sided with you. I am wondering if the law remains the same today.

The very fact of posting a legally issued document in '95 (not money) would have rendered a degree of legality to it in England & Wales. For example:

- Only one original certificate was issued to you.
- The DVLA confirmed the date / circumstances of issuance.
- You could only send the original certificate and a copy would have been unacceptable.
- There was no reason to make a copy which would have been unacceptable to the DVLA, especially as they confirmed this
- You sent it, had every reason to send it and it is extremely unlikely you wouldn't have sent it...

A court would have ruled in your favour back then because that was the law. If the law is the same, then you may be able to legally force them to do what they should have done in the first place.

Laws change and there are always complexities but before re-doing everything, my suggestion (for what it is worth) is to get some free legal advice. Your local branch of CAB, the usual online legal forums etc... will all be able to advise you and the CAB itself can exercise your rights on your behalf in certain circumstances (and is completely free).
____________________
FZR400 (blown engine), ZXR750 (blown engine), ZX6R (accident), CBR600 which had engine issues after which I learned to change gear..., CBR900, CBR924 (stolen), CB600, CB1300 (everything blew up), BMW K1300GT (written off, hit from rear while stationary), Bandit 1250 for a couple of months, Triumph Sprint ST 1050 (nicked) and somewhere in there, I wrote off a Ducati 748 at Cadwell.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Highwayman
Borekit Bruiser



Joined: 17 Nov 2013
Karma :

PostPosted: 09:14 - 23 Sep 2014    Post subject: Reply with quote

thomp1983 wrote:
id get the information they have showing they know you passed In writing then politely inform them of tge law regarding if you say you posted it then they received it and give them a reasonable time frame to sort it or tell them you'll see them in small claims court for all the test fees plus the expenses with taking time off to do them


That's a perfectly feasible idea, seeing I've heard of other individuals experiencing this issue I wonder if any ones tried it.
Would be lovely to see the DVLA Goons take a "Fall"
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

duhawkz
World Chat Champion



Joined: 03 Dec 2006
Karma :

PostPosted: 09:16 - 23 Sep 2014    Post subject: Reply with quote

So are you saying you passed your bike test in 2002, sent off your pass certificate via unrecorded mail.

Then never quizzed why you hadn't received a new licence with your bike entitlement on it until 2010

Then took no further action until 2014
____________________
"The guy is a worthless cunt and I honestly believe I would be a slightly happier person if he died." - Chris-Red
 Back to top
View user's profile Send private message You must be logged in to rate posts

grr666
Super Spammer



Joined: 16 Jun 2014
Karma :

PostPosted: 09:22 - 23 Sep 2014    Post subject: Reply with quote

Rogerborg wrote:

According to my examiner, they don't actually send it in, they just shred it. Shocked

Oh, and never, ever, ever send your license to the DVLA. Just "lose" it. Don't give them a chance to do so.


I suppose that makes sense. The new licence was in my hand 8 days after passing the test. When I passed
my PCV years ago I was told by my instructor to 'lose' my licence almost straight away so I could have
a clean photocopyable one for work (My bus garage asked to see all the drivers licences every so often
to make sure we hadn't been endorsed for something when using our own vehicles.) and a proper one for
producing to the fuzz/court/insurance.
That was long before the database we have today was available for checking such things.
____________________
Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off. Thumbs Up
 Back to top
View user's profile Send private message You must be logged in to rate posts

kramdra
World Chat Champion



Joined: 28 Oct 2010
Karma :

PostPosted: 09:52 - 23 Sep 2014    Post subject: Reply with quote

You have passed, you have a bit of paper issued by them confirming it.


I would be riding. Be aware insurers often ask for copy of licence.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Just_James
Could Be A Chat Bot



Joined: 29 Aug 2014
Karma :

PostPosted: 12:58 - 23 Sep 2014    Post subject: Reply with quote

gorillaonabike wrote:
As a suggestion which might save you time and money, why not check the law, free of charge, before redoing everything? In '95, the law was very simple. If you'd mailed it and they hadn't received it, the law would have sided with you. I am wondering if the law remains the same today.

The very fact of posting a legally issued document in '95 (not money) would have rendered a degree of legality to it in England & Wales. For example:

- Only one original certificate was issued to you.
- The DVLA confirmed the date / circumstances of issuance.
- You could only send the original certificate and a copy would have been unacceptable.
- There was no reason to make a copy which would have been unacceptable to the DVLA, especially as they confirmed this
- You sent it, had every reason to send it and it is extremely unlikely you wouldn't have sent it...

A court would have ruled in your favour back then because that was the law. If the law is the same, then you may be able to legally force them to do what they should have done in the first place.

Laws change and there are always complexities but before re-doing everything, my suggestion (for what it is worth) is to get some free legal advice. Your local branch of CAB, the usual online legal forums etc... will all be able to advise you and the CAB itself can exercise your rights on your behalf in certain circumstances (and is completely free).


I suppose it would be worth a try, might give CAB a call and see what they say.

I never did get any legal advice, I obviously did try challenging it but from what I remember I was just going in circles with them and it was basically a case of they make the rules so it's tough shit. Brick Wall

kramdra wrote:
You have passed, you have a bit of paper issued by them confirming it.


I would be riding. Be aware insurers often ask for copy of licence.


I've thought the same thing but that bit of paper also says I need to take my tests again Neutral

Apparently passing your test/s doesn't have much relevance, they are clearly not objective based Evil or Very Mad

Anyway I've got my little RS1 project and I can ride that without redoing my CBT, I don't have to display L plates and can even take a pillion on it so hows that for a big 'up yours' to the system!! Very Happy ............ Crying or Very sad Crying or Very sad Crying or Very sad
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 13:40 - 23 Sep 2014    Post subject: Reply with quote

Just_James wrote:
kramdra wrote:
You have passed, you have a bit of paper issued by them confirming it.

I've thought the same thing but that bit of paper also says I need to take my tests again Neutral

It does, but on what basis?

On a quick skim of MV(DL)R 1999 I can't actually see where this two year period is coming from.

Indeed, RTA 1988 S87 just says that you need to be licensed. You either are, or you are not. There's no third option that I can see.

This raises the (non hypothetical) question of whether you are licensed for purposes of RTA 1988 S87 during the period after you've passed your test, but before you've sent the bit of paper to the DVLA.

If you are not licensed for purposes of S87, then nobody can drive legally until the DVLA has eventually acknowledged that you do indeed have a license, certainly not away from the test centre.

If you are licensed for purposes of S87, then what statutory or regulatory powers did the DVLA use to revoke your license after two years?

Go on, have some fun with it. Short questions. Yes or no or cite-the-statute answers. Punt it to the DfT ICA when they wriggle.
____________________
Biking is 1/20th as dangerous as horse riding.
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
 Back to top
View user's profile Send private message You must be logged in to rate posts

Just_James
Could Be A Chat Bot



Joined: 29 Aug 2014
Karma :

PostPosted: 15:19 - 23 Sep 2014    Post subject: Reply with quote

Rogerborg wrote:


On a quick skim of MV(DL)R 1999 I can't actually see where this two year period is coming from.

Indeed, RTA 1988 S87 just says that you need to be licensed. You either are, or you are not. There's no third option that I can see.

This raises the (non hypothetical) question of whether you are licensed for purposes of RTA 1988 S87 during the period after you've passed your test, but before you've sent the bit of paper to the DVLA.

If you are not licensed for purposes of S87, then nobody can drive legally until the DVLA has eventually acknowledged that you do indeed have a license, certainly not away from the test centre.

If you are licensed for purposes of S87, then what statutory or regulatory powers did the DVLA use to revoke your license after two years?

Go on, have some fun with it. Short questions. Yes or no or cite-the-statute answers. Punt it to the DfT ICA when they wriggle.


Wow, thanks for looking at that for me Thumbs Up

I'd long given up any hope of ever sorting it without resitting everything but some good points there and it's sparked a bit of hope - though I'm resisting letting it build too much at this point.

Putting 'pen to paper' isn't my strong point and I tend to just get worked up and have a rant when it comes to things like this but I think I should try and set some time aside to take them on. Not much to lose Thumbs Up
 Back to top
View user's profile Send private message You must be logged in to rate posts
MC This post is not being displayed because the poster is banned. Unhide this post / all posts.

Just_James
Could Be A Chat Bot



Joined: 29 Aug 2014
Karma :

PostPosted: 17:10 - 23 Sep 2014    Post subject: Reply with quote

Although I can't think of a good reason for it, there was definitely a certificate to send off within a 2 year period. I don't recall it being an option for the examiner to do it though, it certainly wasn't an option openly offered anyway or I'd have just taken it - why go to the hassle (and rather apparent risk) of doing it yourself?

I just can't see any logic in the having to 'claim' your pass Neutral

As if I or anyone else would go out and do a CBT, then a theory test, practical test and the lessons in between.... to then decide they didn't want the license and it wasn't worth 'claiming' Eh?
 Back to top
View user's profile Send private message You must be logged in to rate posts
Old Thread Alert!

The last post was made 11 years, 98 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> General Bike Chat All times are GMT
Goto page 1, 2  Next
Page 1 of 2

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.10 Sec - Server Load: 0.29 - MySQL Queries: 13 - Page Size: 141.94 Kb