Can I sue the dvla?

[chilistrucker]

elanfan said:

Trixxz said:

Threads been dead since 2014 folks

What's that got to do with anything Chilli has still not got his licence back!

Hello all. I still haven't got my LGV licence back thanks to the idiots at the DVLA medical board. As I've stated many times, (I'm sure you're all bored of hearing it,) they really are the most pathetic, out of date and out of touch with reality bunch of idiots I have ever had the misfortune to have to deal with. I fought them tooth and nail but they just refuse to listen to any correspondence from myself, my GP, my neuro consultant, my MP and a while back a representative of the Minister of Transport. I finally gave up in March/April time this year as it was driving me insane, and I felt I'd exhausted all avenues open to myself


Todays news does throw a new slant on it, and although not particularly hopeful I will certainly have another go at them, its not like I have anything to lose. I've seen the BBC link and Daily Express links posted here, if anyone has any others I'd be grateful if they would post them here. The following comments are from Oliver Morley the DVLA Chief Exec. "We are very sorry for the way we handled the customers cases highlighted in the report. These 8 very high complex cases however date back to 2009 and since then the vast majority of the four million cases we've handled have been dealt with swiftly and correctly. We have already made a number of improvements including more effective ways of managing cases, taking on more staff and introduced a new online service where drivers tell us more about their medical conditions."

Hmmmmm, I doubt anything he, or anyone at the medical board says. Prior to today's findings, they had always appeared to be nothing but antiquated and pathetic in all areas and their lack of understanding of individuals cases, or their ability to communicate "swiftly" if at all in relation to an individuals case proves that today's findings do finally seem to carry some weight.

So where do I go with it now? I will spend the next couple of nights trying to get anymore info I can on the ombudsman's findings and then I will again contact my MP for another crack at this as well as writing to the Minister of Transport, Oliver Morley and the DVLA Medical panel, for what they are worth? Are there any other avenues that people think I should try?


It still frustrates me so much the actual specific reason that they use to keep my licence revoked. They say that because of the injuries I sustained they feel I am more than a 2% seizure risk, and until a medical professional can guarantee that they can 100% prove I fall below the 2% risk, my licence will stay revoked. Both my GP and my neuro consultant disagree with the panel, but the panel over rules them every time. Ironic that still to this day, I have never had a seizure in my life and have been clear of any brain injuries for over 2 years now. Amazing really considering how many times I've banged my head against a brick wall when dealing with these idiots.
They have no idea, and I'm sure wouldn't care on the impact on my life their decisions and rulings have had.

Oh well, still breathing so grateful for that, but a bit of justice would be very, very nice.

[chilistrucker]

tony wright said:

Just a thought, but don't they have medication for seizures? If so, would it not be possible to return to your GP and ask to voluntarily go on them for your required period, thus negating the 2% chance they mentioned.

I fully see your valid point, but I am very uncomfortable with taking any form of medication for something I don't actually suffer with, and thus far never have.
From the day of the accident and injuries I sustained I have never been on any medication other than strong headache tablets, and this was only for the week that I was in hospital in Belfast. The fractures on my skull, and bleeds on my brain were left to self heal. I assume this is the norm? Luckily they did. My neuro consultant and GP have never felt the need to put me on seizure medication as I have never suffered from a seizure, or in their opinion been at risk of this. It has only ever been, 'someone' on the DVLA medical panel, whos name I still do not know that has classed me as a seizure risk.
The only people ever to put me in the seizure risk bracket were the DVLA medical panel?
Once they had done this I contacted them to ask them who specifically, and how this person/persons had come to this decision? I was told on the phone that I was not allowed to speak directly to those involved, only my doctor or neuro consultant could do this. I was told I could only communicate by letter, not even email??? Every time I wrote to them with regards to my case, there would be a 4-6 week timescale before I got a reply, and when I raised these timescale issues they just said, "There is a backlog."
They really are a disgrace. I could go on, and on, and on, but already have on here and don't want to bore people over and over again with it. I must admit though, that based on the news yesterday I am a little bit hopeful that it may be worth striking whilst the iron is hot and having 1 more go at getting my LGV licence back.

[chilistrucker]

GC8 said:

tony wright said:

Totally understand, but I didn't actually mention taking them and it would get you back to work.n

I might consider this Neil. Trouser the prescription: it isn't as though they check your blood for proof that youre taking them.

Hmmm I suppose I should consider it. It would seem very wrong to me to to go down this route, but I certainly won't discount it yet.

[chilistrucker]

https://www.gov.uk/government/uploads/system/uploa...


Just been reading the Parliamentary Ombudsman's report, I find it very interesting, and very damning of the DVLA and the Drivers Medical Groups failings.

If anyone does have a read through this, pages 34/35 are of particular interest to me. I actually thought I was reading my own story.

Edited by chilistrucker on Saturday 22 October 21:56

[chilistrucker]

That would be my major concern. I can see others reasoning, as if it meant it would get me my licence back I would consider, but knowing my luck it would bite me on the arse. I read the full ombudsmans report yesterday, very interesting and clearly highlights the huge failings of the DMG:DVLA!!!
I have now emailed the DMG direct,(again), my MP and the ombudsman.
Is it worth emailing the Minister of Transport?
Any other avenues I should consider?

[chilistrucker]

Correct, the Dvla have never asked, or given me the chance to be examined in the 3 years this has been on going. I haven't spoke to my neuro consultant for 2 years as even though he tried twice on my behalf, and was overruled both times, he said there was no more he could do for me if the DMG failed to listen.
From the time the DMG made their decision to overrule my consultant they have proved to be nothing other than awkward, incompetent, and deliberately slow in any form of communication. I have never been allowed to speak to or been given the name of those that made these decisions and they point blank refuse to speak with me or communicate via emails, everything has to be done by post. There turn around time in responding to every letter I wrote to them was 4-5 weeks.
Earlier this year they said they would only deal with my GP direct. That was hard enough on its own as my GP said why would they listen to him when they point blank refused the neuro consultant who had passed me fit to drive.
He did eventually ring them, but they asked him to prove 100% that I was less than the 2% seizure risk, (remember I have still never had a seizure in my life) and as my GP said he can't prove 100% that anyone is less than s 2% seizure risk that was my case closed.
That is why I'd pretty much given up as I had tried everything, in light of the ombudsmans report though, perhaps it's worth 2 last try?