DVLA has banned me from driving for 4 years..and it wasnt me

DVLA has banned me from driving for 4 years..and it wasnt me

Author
Discussion

IanCress

4,409 posts

166 months

Tuesday 3rd January 2017
quotequote all
Something similar happened to me, and i'd been driving around for 7 years(!) with a revoked license. I got pulled over by the police one day and on finding out my license was revoked, they impounded my car.

I had never been previously pulled over or had any points on my license. DVLA said they had sent me 5 letters regarding my revoked license, which I had never received despite always having the correct address registered against my license.

Never quite found out what I was supposed to have done as the DVLA only keep records for 6 years. The day before we were due in court the DVLA dropped the case and I was awarded all costs.

Edit:
I'd be vary wary of continuing to drive. There is a chance that it would be classed as a separate offence. You are already on record as being aware that you have been disqualified, so even when the disqualification is cancelled you might still have a driving while disqualified charge against you.

Edited by IanCress on Tuesday 3rd January 10:44

TooMany2cvs

29,008 posts

126 months

Tuesday 3rd January 2017
quotequote all
Sheepshanks said:
Hmmm...technically he doesn't have a licence.
Worse than that. Technically, he's banned.

Try telling the nice Policeman "Oh, no, it's not me. Honest. It's just a terrible misunderstanding." and see if he believes you - I'm sure nobody's ever tried that one before.

julian64

14,317 posts

254 months

Tuesday 3rd January 2017
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RemyMartin said:
julian64 said:
Hmm all very well them saying you can't drive till its resolved but for some people that could be the end of their job. For me it would be.
I would simply continue to drive if you are sure its nothing to do with you.
Jesus wept. Terrible advice.

If he gets pulled and has no paperwork to prove his innocence that's a day in the cells.

OP, do NOT drive!
The chances of the police pulling him 0.00001. Even if they did pull him they would arrest him and take him to the station. There is a good likelihood of the whole problem being sorted there and then.

Can you imagine the wrongful arrest claim he'd have if they detained him any length of time due to a paperwork error.

The alternative is that he says to his boss sorry I can't drive for the next two to three months while the DVLA sort out a paperwork problem of their own making.

If that was my employee and they need to drive for work I'd sack them.

Weighing up the two I'd do what I said. Its not advice for anyone else, its what I'd personally do.

xjay1337

15,966 posts

118 months

Tuesday 3rd January 2017
quotequote all
I too would also continue to drive.

YOU have not been banned or disqualified.

Someone else has, and due to an administration error it has ended up on your record.

If you do not drive, let's say you have to take Taxi's, buses, trains etc.
Will the court / DVLA compensate you for this?

I would phone the courts TODAY.
I would also call the DVLA again TODAY.

Further to the above I would consider going to a national newspaper with the story, if you really wanted to bring awareness.

johnwilliams77

8,308 posts

103 months

Tuesday 3rd January 2017
quotequote all
xjay1337 said:
I too would also continue to drive.

YOU have not been banned or disqualified.

Someone else has, and due to an administration error it has ended up on your record.

If you do not drive, let's say you have to take Taxi's, buses, trains etc.
Will the court / DVLA compensate you for this?

I would phone the courts TODAY.
I would also call the DVLA again TODAY.

Further to the above I would consider going to a national newspaper with the story, if you really wanted to bring awareness.
He's just said the court is closed.

Ms R.Saucy

284 posts

90 months

Tuesday 3rd January 2017
quotequote all
eybic said:
As has been said, this isn't necessarily the fault of the DVLA, the court would have given them the information.
don;t go using facts it;s upsets the be-goatteed ones , although it has to be remembered when they moan they have strayed into SP&L rather than NP+E.

TwigtheWonderkid

43,370 posts

150 months

Tuesday 3rd January 2017
quotequote all
xjay1337 said:
I too would also continue to drive.

YOU have not been banned or disqualified.

Someone else has, and due to an administration error it has ended up on your record.
This is the correct answer.

If the boot were on the other foot, the OP was a non driver and he suddenly received a full licence thru the post due to an admin error, would those of you saying "do not drive" then be saying "go out for a drive. You have a valid licence until they sort it out."



agtlaw

6,712 posts

206 months

Tuesday 3rd January 2017
quotequote all
ToMBoMB said:
I have also been driving illegally since the 23rd of november until today.
You haven't. Only the court determines if you are disqualified from driving.

If it were me then I'd continue to drive, but it's a personal choice for you to make.

Involving your MP is probably a good idea.

johnwilliams77

8,308 posts

103 months

Tuesday 3rd January 2017
quotequote all
agtlaw said:
You haven't. Only the court determines if you are disqualified from driving.

If it were me then I'd continue to drive, but it's a personal choice for you to make.

Involving your MP is probably a good idea.
There you go OP.
check out this guys occupation

Mill Wheel

6,149 posts

196 months

Tuesday 3rd January 2017
quotequote all
TooMany2cvs said:
Sheepshanks said:
Hmmm...technically he doesn't have a licence.
Worse than that. Technically, he's banned.

Try telling the nice Policeman "Oh, no, it's not me. Honest. It's just a terrible misunderstanding." and see if he believes you - I'm sure nobody's ever tried that one before.
He is NOT banned, only TECHNICALLY banned, in error - a paperwork error made by the DVLA, possibly on the say so of the Scottish court, but not the OP.

I have had my license revoked TWICE in error by the DVLA, and both times I was told after a call (when I finally got through!) that I COULD continue to drive... revoked is not the same as losing your licence.
Second time I checked at the police station (as I was just about to go abroad) that the system had been updated.
I suggest the OP gets back on to the DVLA and asks if this cannot be done right away, or have them pay his transport costs.
He still HAS his physical licence - it has not been taken from him by the court.

Edited to add, AGTLAW seems to be of the same opinion. I'd carry on driving if you need to. You have your physical licence.

Olivera

7,142 posts

239 months

Tuesday 3rd January 2017
quotequote all
xjay1337 said:
YOU have not been banned or disqualified.

Someone else has, and due to an administration error it has ended up on your record.
What? The OP most certainly has been disqualified, the screenshot on the very first page says so! There has obviously been an error, but until it has been rectified then it applies to the OP.

Vaud

50,503 posts

155 months

Tuesday 3rd January 2017
quotequote all
Olivera said:
What? The OP most certainly has been disqualified, the screenshot on the very first page says so! There has obviously been an error, but until it has been rectified then it applies to the OP.
I suggest AGTlaw is the expert on this thread.

xjay1337

15,966 posts

118 months

Tuesday 3rd January 2017
quotequote all
Olivera said:
What? The OP most certainly has been disqualified, the screenshot on the very first page says so! There has obviously been an error, but until it has been rectified then it applies to the OP.
No, it doesn't. (IMO).

If you were called Ian Watkins and someone accidentally put on your record that you were a pedo, would you avoid children until it was "sorted out" in 3 months.

Didn't think so.

TwigtheWonderkid

43,370 posts

150 months

Tuesday 3rd January 2017
quotequote all
Olivera said:
What? The OP most certainly has been disqualified, the screenshot on the very first page says so! There has obviously been an error, but until it has been rectified then it applies to the OP.
Utter rubbish. If what you say is true, answer my question above re a non driver receiving a full licence in error.

Olivera

7,142 posts

239 months

Tuesday 3rd January 2017
quotequote all
xjay1337 said:
Olivera said:
What? The OP most certainly has been disqualified, the screenshot on the very first page says so! There has obviously been an error, but until it has been rectified then it applies to the OP.
No, it doesn't. (IMO).

If you were called Ian Watkins and someone accidentally put on your record that you were a pedo, would you avoid children until it was "sorted out" in 3 months.

Didn't think so.
Anyone that checks the OP's driving record (plod at the side of the road, insurance companies, a job background check) are going to treat the OP as disqualified.

Olivera

7,142 posts

239 months

Tuesday 3rd January 2017
quotequote all
Vaud said:
Olivera said:
What? The OP most certainly has been disqualified, the screenshot on the very first page says so! There has obviously been an error, but until it has been rectified then it applies to the OP.
I suggest AGTlaw is the expert on this thread.
I'd suggest reading what he wrote. He stated it's a personal choice if the OP continues driving, he did not state the disqualification has no effect.

Edited by Olivera on Tuesday 3rd January 11:38

ToMBoMB

Original Poster:

76 posts

180 months

Tuesday 3rd January 2017
quotequote all
Im worried that if I drive and have an accident of any form that I may get done for driving without a license. "Technically" banned or not.

TooMany2cvs

29,008 posts

126 months

Tuesday 3rd January 2017
quotequote all
Mill Wheel said:
TooMany2cvs said:
Technically, he's banned.
He is NOT banned, only TECHNICALLY banned...
Thank you for that clarification...

Vaud

50,503 posts

155 months

Tuesday 3rd January 2017
quotequote all
Olivera said:
I'd suggest reading what he wrote. He stated it's a personal choice if the OP continues driving, he did not state that legally the disqualification has no effect.
I did read it.

"You haven't (been disqualified). Only the court determines if you are disqualified from driving."

Ergo, the op has not been disqualified. As I read the advice, he can incur no penalty for driving as he has not been disqualified. The issue is more likely to be one of hassle and time if stopped. It is a point of admin?

Terminator X

15,082 posts

204 months

Tuesday 3rd January 2017
quotequote all
I logged on to their system a while back only to discover my licence had been revoked years earlier! I filled in a form to get it un-revoked and sent them the £50 fee only for them to not cash the cheque and send me £50 instead. They made a mistake somewhere along the line albeit didn't admit that. Interestingly I didn't get pinged by ANPR at any point whilst it was revoked ...

TX.