DVLA has banned me from driving for 4 years..and it wasnt me
Discussion
In your shoes I would continue to drive whilst the matter is resolved. If stopped, I would advise the police that their computer is in error as YOU have never been stopped for drink driving, nor been to court for drinking and driving.
I would also quickly email my insurers and advise them of what has happened and ask them to confirm your insurance is still valid given this mistake.
I would also quickly email my insurers and advise them of what has happened and ask them to confirm your insurance is still valid given this mistake.
If it was I would carry on driving as normal, what are the chances of you being reimbursed for your travel costs until it gets sorted? Pretty slim I would have thought.
Is it worth notifying insurance of the issue or would that just open up another can of worms? Can understand you being worried about the technicalities if you were involved in a shunt while this is pending.
As others have said, if you were pulled over and taken down the station it may actually be sorted there and then?
Is it worth notifying insurance of the issue or would that just open up another can of worms? Can understand you being worried about the technicalities if you were involved in a shunt while this is pending.
As others have said, if you were pulled over and taken down the station it may actually be sorted there and then?
coyft said:
TwigtheWonderkid said:
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."
Christ you have blinkered thinking. Look past the clerical paperwork, to the facts of the matter. The OP has not committed the offence or had the opportunity to defend himself. Therefore the court has acted in error.
In your example above, again I would look past the paperwork to the facts. If he hasn't taken a driving test, then he is not entitled to drive, regardless of what the paperwork states.
I too would treat this as it is - a clerical error - and continue driving. I would keep all my details with me ie copies of emails/conversations/reference numbers etc and inform your local police and DVLA that you will be continuing to drive. I woud go a as far as going into the local cop shop and going through it with them and maybe get a letter from them to clarify to any future traffic stops. I wouldnt notify insurers but they may get the info direct anyway so that may need to be sorted out too.
ToMBoMB said:
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.
That's a valid concern. As you know, the DVLA does not impose disqualifications from driving. Unless a court disqualified you then you are not disqualified - whatever the DVLA record says. However, the DVLA can revoke your licence - which is done whenever it is notified of a ban of 56+ days. So, it might be the case that you are not disqualified but the DVLA has revoked your licence. If that's the case then an offence is committed every time you drive, albeit not one for which you should be prosecuted in the circumstances describedMarshPhantom said:
RemyMartin said:
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!
Day in the cells for not having your licence with you?If he gets pulled and has no paperwork to prove his innocence that's a day in the cells.
OP, do NOT drive!
If the op did drive and was stopped the pnc would just show a disqual driver.
Most new pc's would arrest on that basis and sort it out at the station.
This would take a while, transport to station 20 mins to 1 hour.
Booking in procedure 1 hour.
Notes 1 hour.
Then checks completed another hour.
So only 4 hours if its not busy.
Most new pc's would arrest on that basis and sort it out at the station.
This would take a while, transport to station 20 mins to 1 hour.
Booking in procedure 1 hour.
Notes 1 hour.
Then checks completed another hour.
So only 4 hours if its not busy.
V6Pushfit said:
Zod said:
The Police can check the DVLA computer from their car. The DVLA would show that the OP was driving while disqualified. The Police would arrest him.
Hence my view that he should make an appointment and get himself to a police station to get it ironed out.V6Pushfit said:
Zod said:
The Police can check the DVLA computer from their car. The DVLA would show that the OP was driving while disqualified. The Police would arrest him.
Hence my view that he should make an appointment and get himself to a police station to get it ironed out.Hang on. The DVLA have revoked OPs license.
He knows this.
Therefore there is an offence committed if he drives. If he was unaware and pulled over I'm sure there could be a Stat Dec or similar considering the circumstances.
However OP does know about it. Forget the disqualification, HIS license has been revoked!
Now I'll be honest I'd just take the risk but that's me, I don't think it's legal at all though. In court however I'd be pursuing costs for travel regardless.
He knows this.
Therefore there is an offence committed if he drives. If he was unaware and pulled over I'm sure there could be a Stat Dec or similar considering the circumstances.
However OP does know about it. Forget the disqualification, HIS license has been revoked!
Now I'll be honest I'd just take the risk but that's me, I don't think it's legal at all though. In court however I'd be pursuing costs for travel regardless.
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.
TwigtheWonderkid said:
Zod said:
The Police can check the DVLA computer from their car. The DVLA would show that the OP was driving while disqualified. The Police would arrest him.
Yes, and having done that they'd then unravel the cock up and the OP would be released without charge. I'm not aware that the police are required to sort out a court/DVLA cock up, and may choose to do so or not, and say, "get your solicitor to sort it out and get back to us."
TwigtheWonderkid said:
Chester draws said:
Is OP still going to be fully insured to drive in a situation such as this?
Yes. HTH.
Additionally, an agent of the DVLA has advised the OP not to drive so they may be of the view that the OP should take notice of that accordingly.
This is very much outside of any standard procedure, so it will be sorted out on an individual basis. My advice would be contact the insurer as well to explain the situation and clarify their position. Why assume anything?
agtlaw said:
That's a valid concern. As you know, the DVLA does not impose disqualifications from driving. Unless a court disqualified you then you are not disqualified - whatever the DVLA record says. However, the DVLA can revoke your licence - which is done whenever it is notified of a ban of 56+ days. So, it might be the case that you are not disqualified but the DVLA has revoked your licence. If that's the case then an offence is committed every time you drive, albeit not one for which you should be prosecuted in the circumstances described
Out of interest what remedies are available to the OP for all the stress, inconvenience, time spent on calls, taxis etc? Can he apply for costs from the court or will it be down to proving whichever party mistyped the licence numberxRIEx said:
[ My advice would be contact the insurer as well to explain the situation and clarify their position. Why assume anything?
Why. The OP has nothing to disclose to them. He's done nothing wrong. He's been charged and convicted of nothing. He is the victim of an admin error which he will get sorted out. Nothing to do with his insurers. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff