Can I sue the dvla?
Discussion
chilistrucker said:
On the 27th of August, after 3 and a half months of medical investigations and ct scans my neuro consultant gave me the good news that my injuries had healed and in his opinion I was fit to return to driving/work and would confirm this when the dvla wrote to him.
Whilst this was all on going I was offered a job, so thought I'd phone the medical team at dvla to find out the current situation?
The guy looked into it for me whilst I was on the phone and explained that on the dvla s system my licences were not revoked, and that as I had the all clear from the neuro consultant they had no problem with me returning to work.
I was over the moon as had now been off of work for 4 months.
So I returned to work and all was well until yesterday when I got to see the latest letter from the dvla, stating that,
"Due to you having received a serious traumatic brain injury, you are at risk of having an epileptic seizure."
So despite the opinion of my neuro consultant , the dvla have decided to revoke my licence for a period of at least 6 months from when I received the injuries.
Obviously although I may not agree with it, this appears to me, too be the dvla safely covering themselves with this issue.
I have not had any epileptic seizures before, during or since the injuries I received, but too the dvla guess I am just another statistic.
The dvla have never met me, or asked to see me, or medically test me in person, but have revoked my licence anyway.
I will appeal against their decision, and am exceptionally unhappy in the way in which they have informed me of their decisions in this matter as there is a period of 7 days where unbeknown to me I was at risk of being arrested, fined, etc for just doing my job, which at the time I thought I was legally allowed to do from the information the dvla had given me at the time.
There's plainly more to this. When did DVLA write to your Neurologist and what was his response?Whilst this was all on going I was offered a job, so thought I'd phone the medical team at dvla to find out the current situation?
The guy looked into it for me whilst I was on the phone and explained that on the dvla s system my licences were not revoked, and that as I had the all clear from the neuro consultant they had no problem with me returning to work.
I was over the moon as had now been off of work for 4 months.
So I returned to work and all was well until yesterday when I got to see the latest letter from the dvla, stating that,
"Due to you having received a serious traumatic brain injury, you are at risk of having an epileptic seizure."
So despite the opinion of my neuro consultant , the dvla have decided to revoke my licence for a period of at least 6 months from when I received the injuries.
Obviously although I may not agree with it, this appears to me, too be the dvla safely covering themselves with this issue.
I have not had any epileptic seizures before, during or since the injuries I received, but too the dvla guess I am just another statistic.
The dvla have never met me, or asked to see me, or medically test me in person, but have revoked my licence anyway.
I will appeal against their decision, and am exceptionally unhappy in the way in which they have informed me of their decisions in this matter as there is a period of 7 days where unbeknown to me I was at risk of being arrested, fined, etc for just doing my job, which at the time I thought I was legally allowed to do from the information the dvla had given me at the time.
I will be phoning my neurologist tomorrow to see if i can ask him those questions.
Re having the license in hand, after being told by dvla on the phone that i was ok to drive and having a job waiting after 4 months of being signed off i was just so eager to get back to it.
I have a note of the time and date i had that phonecall with dvla, and assume they record their calls?
Also the company i started with would have had to contact dvla to check i was ok for their insurance as i made them fully aware of my situation at the interview.
Re having the license in hand, after being told by dvla on the phone that i was ok to drive and having a job waiting after 4 months of being signed off i was just so eager to get back to it.
I have a note of the time and date i had that phonecall with dvla, and assume they record their calls?
Also the company i started with would have had to contact dvla to check i was ok for their insurance as i made them fully aware of my situation at the interview.
skatty said:
I was always under the understanding that after your licence was revoked, you were not allowed to drive until you had the licence back in your hand!
Which is why, if you need to, you should voluntarily surrender your licence, as then I believe you can re-start driving as soon as the application is made. Now they've cancelled the licence, you need the replacement in your hand before you can restart.My guess is this is either a time-line thing, or they've mis-understood what the consultant said. Do you have an email path to the consultant? Do you know the name of his secretary etc? Because resolving this the first steps are either finding out the time line, or what he actually said.
Jasandjules said:
Yes you can sue the Govt. Well, you can try!
If i thought i had half a chance i would. In various different departments the goverment have done a pretty good job of shafting me this last 4 months, despite the fact that since leaving school 26 years ago i have worked full time and always paid my tax and n.i.Wish I'd read both threads here before speaking.
I'm not a neurologist but for various reasons researched the issue about 4 years ago. The issue of fits and seizures is crucial here. If you've never had one, I believe you get your licence back quicker, but any suggestion of a fit or seizure, I believe you need 12 months before DVLC clear you to drive.
The drugs you are on is another matter. If you are currently on phenytoin then I think you won't get a licence as the drug is an anti-convulsant even if there are no records of a seizure. Don't know how widespread it is, but I've known it used in case of a seizure where no record exists of one actually having take place. There may be other drugs with similar effects and these days with the internet, it is easy to see what something does.
Consultants by their very nature are switched on dudes so hopefully you'll find out what to do next.
I'm not a neurologist but for various reasons researched the issue about 4 years ago. The issue of fits and seizures is crucial here. If you've never had one, I believe you get your licence back quicker, but any suggestion of a fit or seizure, I believe you need 12 months before DVLC clear you to drive.
The drugs you are on is another matter. If you are currently on phenytoin then I think you won't get a licence as the drug is an anti-convulsant even if there are no records of a seizure. Don't know how widespread it is, but I've known it used in case of a seizure where no record exists of one actually having take place. There may be other drugs with similar effects and these days with the internet, it is easy to see what something does.
Consultants by their very nature are switched on dudes so hopefully you'll find out what to do next.
I am sorry to read about this Chilli, DVLA have revoked mine twice, reinstating it in seven weeks, which is about as fast as you can get it turned around when they have made a mistake.
DVLA are pretty bomb proof, they will claim to always err on the side of caution, those that haven't been at the mercy of them will support them in this.
It is of course an arse when you drive for a living, or as part of your job, which we both do.
DVLA are pretty bomb proof, they will claim to always err on the side of caution, those that haven't been at the mercy of them will support them in this.
It is of course an arse when you drive for a living, or as part of your job, which we both do.
Slidingpillar said:
Wish I'd read both threads here before speaking.
I'm not a neurologist but for various reasons researched the issue about 4 years ago. The issue of fits and seizures is crucial here. If you've never had one, I believe you get your licence back quicker, but any suggestion of a fit or seizure, I believe you need 12 months before DVLC clear you to drive.
The drugs you are on is another matter. If you are currently on phenytoin then I think you won't get a licence as the drug is an anti-convulsant even if there are no records of a seizure. Don't know how widespread it is, but I've known it used in case of a seizure where no record exists of one actually having take place. There may be other drugs with similar effects and these days with the internet, it is easy to see what something does.
Consultants by their very nature are switched on dudes so hopefully you'll find out what to do next.
Cheers I'm not a neurologist but for various reasons researched the issue about 4 years ago. The issue of fits and seizures is crucial here. If you've never had one, I believe you get your licence back quicker, but any suggestion of a fit or seizure, I believe you need 12 months before DVLC clear you to drive.
The drugs you are on is another matter. If you are currently on phenytoin then I think you won't get a licence as the drug is an anti-convulsant even if there are no records of a seizure. Don't know how widespread it is, but I've known it used in case of a seizure where no record exists of one actually having take place. There may be other drugs with similar effects and these days with the internet, it is easy to see what something does.
Consultants by their very nature are switched on dudes so hopefully you'll find out what to do next.
Tbh the only drugs I've been given or told to take since this happened are normal heacache tablets and I didn't need many. The big worry was the few days in hospital at the start as they were talking about operating to relieve the swelling, fortunately I was very lucky and avoided this.
My consultant reminded me at the last scan just how 'lucky' I'd been.
btw, thanks to all for the input and good wishes, much appreciated.
All I really want is to go back to work, but to get some sort of payback against a crappy system may just put a wry smile back on my face.
Try not to get hung up on getting even, you just won't, trust me.
Concentrate your efforts on getting your licence back, which seems to take seven weeks, they don't rush themselves !
Hope that they don't give you a time limited one, I go through the same s
te every three years, mine expires this November, and the investigations into me have already started.
Concentrate your efforts on getting your licence back, which seems to take seven weeks, they don't rush themselves !
Hope that they don't give you a time limited one, I go through the same s
te every three years, mine expires this November, and the investigations into me have already started.I try not to Nigel, but its that or throw the towel in I think.
The system has really grinded me down over this whole scenario, but luckily the mrs and I are becoming used to the steady stream of it.
They will not beat me, I am 100% focused on getting my licence back, and I won't roll over and play dead for the faceless and spineless idiots I've had to deal with thus far.
I'll keep trying to go onwards and upwards
The system has really grinded me down over this whole scenario, but luckily the mrs and I are becoming used to the steady stream of it.
They will not beat me, I am 100% focused on getting my licence back, and I won't roll over and play dead for the faceless and spineless idiots I've had to deal with thus far.
I'll keep trying to go onwards and upwards
If your complaint is that DVLA were slow in telling you that your licenCe had been revoked, that caused you no loss and you have no claim.
If your complaint is that your licence should not have been revoked, be guided by agtlaw and pursue that point through the magistrates' court appeal system.
If your complaint is that your licence should not have been revoked, be guided by agtlaw and pursue that point through the magistrates' court appeal system.
Some info about the DVLA process here:
https://www.gov.uk/reapply-driving-licence-medical...
Some other links you may find useful:
https://www.gov.uk/view-driving-licence
https://www.gov.uk/track-your-driving-licence-appl...
https://www.gov.uk/reapply-driving-licence-medical...
Some other links you may find useful:
https://www.gov.uk/view-driving-licence
https://www.gov.uk/track-your-driving-licence-appl...
I was in a very similar situation to you and I suggest you get your MP involved, mine (Nadine Dorries) helped massively. I got my license back at least 5 months earlier had I gone with what the DVLA were saying.
I had an operation on 4th November 2013 to partially remove a brain tumour, I was a good boy and told the DVLA about it and they incredibly efficiently told me the following February that my license had been revoked for 12 months. Fortunately I hadn't driven during that 4 months, partly through being incapable for most of it, and partly through choice as it was the sensible thing to do.
In April my Neurosurgeon told me he considered me fit to drive, like you I'd had no fits, etc. He wrote to the DVLA and told them this. They at first stuck to the 12 months at which point I wrote to my MP who spoke to the DVLA, within a couple of days the DVLA had sent some medical forms to my Neurosurgeon to fill in. A week later they had them back and wrote to me to say it would take "at least 12 weeks to assess". Another email to my MP resulted in a decision made with 48 hours and my license reissued
In short, if you have the support of your Neurosurgeon then get your MP involved.
The DVLA actually have a Ministerial Complaints Department !
Hope this helps in some way.
ETA: You don't need to wait until you have your license physically in your hand, you can drive from the minute they say you can. I had an email from them so I printed that off and carried it with me until my license turned up just to be on the safe side. It's all online now anyway: https://www.gov.uk/view-driving-licence
I had an operation on 4th November 2013 to partially remove a brain tumour, I was a good boy and told the DVLA about it and they incredibly efficiently told me the following February that my license had been revoked for 12 months. Fortunately I hadn't driven during that 4 months, partly through being incapable for most of it, and partly through choice as it was the sensible thing to do.
In April my Neurosurgeon told me he considered me fit to drive, like you I'd had no fits, etc. He wrote to the DVLA and told them this. They at first stuck to the 12 months at which point I wrote to my MP who spoke to the DVLA, within a couple of days the DVLA had sent some medical forms to my Neurosurgeon to fill in. A week later they had them back and wrote to me to say it would take "at least 12 weeks to assess". Another email to my MP resulted in a decision made with 48 hours and my license reissued
In short, if you have the support of your Neurosurgeon then get your MP involved.
The DVLA actually have a Ministerial Complaints Department !
Hope this helps in some way.
ETA: You don't need to wait until you have your license physically in your hand, you can drive from the minute they say you can. I had an email from them so I printed that off and carried it with me until my license turned up just to be on the safe side. It's all online now anyway: https://www.gov.uk/view-driving-licence
Edited by crikey on Monday 29th September 11:16
Bread van, thanks I guessed that would be the case.
Agtlaw thanks also for the links, much appreciated
Crickey thank you that is a very interesting post. I have spoken to dvla this morning and asked to speak to Mr S Thomas direct as his was the name on the letter sent to me, but apparently as he is head of the dvla medical dept nobody can speak to him, Really???
Anyway I can apparently already apply for my car and truck licences back, (JEEZUS) due to the timescales already served!
So I have an appointment with my GP on Thursday, and later today will most certainly be sending a very long and detailed letter to my local MP, I certainly don't have anything to lose.
Agtlaw thanks also for the links, much appreciated
Crickey thank you that is a very interesting post. I have spoken to dvla this morning and asked to speak to Mr S Thomas direct as his was the name on the letter sent to me, but apparently as he is head of the dvla medical dept nobody can speak to him, Really???
Anyway I can apparently already apply for my car and truck licences back, (JEEZUS) due to the timescales already served!
So I have an appointment with my GP on Thursday, and later today will most certainly be sending a very long and detailed letter to my local MP, I certainly don't have anything to lose.
chilistrucker said:
Bread van, thanks I guessed that would be the case.
Agtlaw thanks also for the links, much appreciated
Crickey thank you that is a very interesting post. I have spoken to dvla this morning and asked to speak to Mr S Thomas direct as his was the name on the letter sent to me, but apparently as he is head of the dvla medical dept nobody can speak to him, Really???
Anyway I can apparently already apply for my car and truck licences back, (JEEZUS) due to the timescales already served!
So I have an appointment with my GP on Thursday, and later today will most certainly be sending a very long and detailed letter to my local MP, I certainly don't have anything to lose.
Email your MP, much quicker results Agtlaw thanks also for the links, much appreciated
Crickey thank you that is a very interesting post. I have spoken to dvla this morning and asked to speak to Mr S Thomas direct as his was the name on the letter sent to me, but apparently as he is head of the dvla medical dept nobody can speak to him, Really???
Anyway I can apparently already apply for my car and truck licences back, (JEEZUS) due to the timescales already served!
So I have an appointment with my GP on Thursday, and later today will most certainly be sending a very long and detailed letter to my local MP, I certainly don't have anything to lose.
I think for truck licenses you need a medical with your GP, is that what you're doing on Thursday ? I didn't read up on that bit as it doesn't apply to me. They have taken C1 & D1 off me but I'm not bothered as I've never used them.
They've only issued a license for 12 months, at that point they'll send me a load of forms to check I'm still ok to drive. It'll probably be the same for you as we had our licenses revoked for similar reasons.
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