DVLA has banned me from driving for 4 years..and it wasnt me
Discussion
TwigtheWonderkid said:
xRIEx 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. xRIEx said:
[ My advice would be contact the insurer as well to explain the situation and clarify their position. Why assume anything?
Insurers will love the opportunity to tell him hes driving without insurance, it will affect future premiums and its illegal. They wont have a clue what to do and wont investigate it. I think the idea of contacting insurers is from the same school of though that they should be notified when you put a new air freshener in.If you haven't spoken to anyone official, I would suggest you pretend you haven't opened that letter and go about your business as usual.
Once the courts are open you could open the letter and start the ball rolling to sort this matter out. I imagine the person using your ID will have been photographed etc upon their arrest, when they committed the offence.
Once the courts are open you could open the letter and start the ball rolling to sort this matter out. I imagine the person using your ID will have been photographed etc upon their arrest, when they committed the offence.
V6Pushfit said:
Insurers will love the opportunity to tell him hes driving without insurance, it will affect future premiums and its illegal. They wont have a clue what to do and wont investigate it. I think the idea of contacting insurers is from the same school of though that they should be notified when you put a new air freshener in.
I suspect they would suspend his cover straight away and then charge him for reinstating it. my first contact would be back with the DVLA and check the license number.TwigtheWonderkid said:
xRIEx 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. Yes, we know it's an error. It is likely to get sorted out very quickly, but some of these things (the ones that get an incredulous news article) go on for months or years because of continued admin failings. I wouldn't necessarily put much unwavering faith in public sector admin assistants.
Insurers have the ability to check the MyLicence database (although as I mentioned, the chances of them having a reason to do so are infinitesimal) and, given the information presented to them which they have no reason to doubt, the OP has received a conviction and driving ban from a Scottish court.
Also, as I said and reiterated by Saucy, an agent of the DVLA (a UK government organisation) has advised the OP not to drive.
V6Pushfit said:
xRIEx said:
[ My advice would be contact the insurer as well to explain the situation and clarify their position. Why assume anything?
Insurers will love the opportunity to tell him hes driving without insurance, it will affect future premiums and its illegal. They wont have a clue what to do and wont investigate it. I think the idea of contacting insurers is from the same school of though that they should be notified when you put a new air freshener in.As I said above, they'll have a discussion about it and deal with it on its individual merits.
As far as I see it - its two issues
The court judgement making its sentence/award
The DVLA which gives or revokes licences
The DVLA may revoke without a court order based upon other information for instance like doctors unfit to drive or by order of a court.
As the OP said the Court appears to have got something wrong and a typo has occurred - so the court judgement is in error. This can get rectified by the court.
The DVLA as a separate entity has confirmed the OP licence is revoked - rightly or wrongly currently its revoked. The OP knows this. This I'm sure is what the police would go by and the insurance company.
I would be tempted to driving knowing that ive not been convicted of anything whilst trying to sort out the admin error but it could get very messy if get pulled by the police or have an insurance claim and this would be a big worry and may even stop me driving for a short while if I can get it sorted asap.
Good luck OP - what a feking awful position to be in.
The court judgement making its sentence/award
The DVLA which gives or revokes licences
The DVLA may revoke without a court order based upon other information for instance like doctors unfit to drive or by order of a court.
As the OP said the Court appears to have got something wrong and a typo has occurred - so the court judgement is in error. This can get rectified by the court.
The DVLA as a separate entity has confirmed the OP licence is revoked - rightly or wrongly currently its revoked. The OP knows this. This I'm sure is what the police would go by and the insurance company.
I would be tempted to driving knowing that ive not been convicted of anything whilst trying to sort out the admin error but it could get very messy if get pulled by the police or have an insurance claim and this would be a big worry and may even stop me driving for a short while if I can get it sorted asap.
Good luck OP - what a feking awful position to be in.
coyft said:
You'll likely be in for a world of grief if you contact the insurance company. Just send a recorded
Letter to the court and DVLA informing them of their mistake and carry on as normal.
your right about the Insurance Company but if he has an accident they will drop him like a shot. Just a thought but don't the AA have a legal Dept who could help obviously if he is a member. Not a great start to the New Year for him is it.Letter to the court and DVLA informing them of their mistake and carry on as normal.
xRIEx said:
Also, as I said and reiterated by Saucy, an agent of the DVLA (a UK government organisation) has advised the OP not to drive.
I would venture that both you and saucy have no need of a car for the purposes of work, and are therefore underestimating the effect it may have on some people.The trick might be seeing if you can find said 'agent' to remonstrate with once the error comes to light.
julian64 said:
I would venture that both you and saucy have no need of a car for the purposes of work, and are therefore underestimating the effect it may have on some people.
If I was employing the OP and his license was required for work purposes (not just commuting), then I'd rather he came clean about the whole situation. I really wouldn't want him to continue driving for the company with a revoked license.xRIEx said:
Because he has received a letter saying he is disqualified.
Yes, we know it's an error. It is likely to get sorted out very quickly, but some of these things (the ones that get an incredulous news article) go on for months or years because of continued admin failings. I wouldn't necessarily put much unwavering faith in public sector admin assistants.
Insurers have the ability to check the MyLicence database (although as I mentioned, the chances of them having a reason to do so are infinitesimal) and, given the information presented to them which they have no reason to doubt, the OP has received a conviction and driving ban from a Scottish court.
Also, as I said and reiterated by Saucy, an agent of the DVLA (a UK government organisation) has advised the OP not to drive.
Registered letter?Yes, we know it's an error. It is likely to get sorted out very quickly, but some of these things (the ones that get an incredulous news article) go on for months or years because of continued admin failings. I wouldn't necessarily put much unwavering faith in public sector admin assistants.
Insurers have the ability to check the MyLicence database (although as I mentioned, the chances of them having a reason to do so are infinitesimal) and, given the information presented to them which they have no reason to doubt, the OP has received a conviction and driving ban from a Scottish court.
Also, as I said and reiterated by Saucy, an agent of the DVLA (a UK government organisation) has advised the OP not to drive.
If not, then I would probably have ignored it, because unless it is registered, I didn't get it.
Chance of being stopped in 4 years is almost negligible. Get it sorted next time you blow through a speed camera.
If you're insured through a broker it MAY be worth giving them a call and explaining the situation. They tend to be more experienced and willing to listen / intervene on your behalf. Gamble, but might help if you do need to drive urgently.
If you're insured through a large direct insurer, you'll get through to a call centre who won't know what to do, so it will very likely go down the standard script and cancel your insurance...which will then give you a third headache (conviction, revoked licence, cancelled insurance) to have to declare in future...
Sh'tty situation to be in.
Decision tree:-
1) Do you need to drive today?
- If so, go to cop-shop and discuss with them. Write-off the afternoon as per above advice.
- If not, wait and then call the issuing Sheriff tomorrow morning.
2) Have Police / Sheriff resolved the issue?
- If yes, do you have clearance to drive, or a timetable to gain said clearance? (Note both the conviction and the revocation of licence!!!)
- If no, engage solicitor and seek formal advice/assistance immediately.
3) If resolved but no timetable or timetable will take too long, seek legal advice.
4) Has insurance been involved? If so, are there any insurance issues to mop-up?
- If so, again, seek legal advice...
- If not involved, have you established whether both the conviction and the revocation of licence have been quashed or just reversed. Technical point but could matter for insurance purposes going forwards, and may be something you'll need to chase up to get sorted properly.
If you're insured through a large direct insurer, you'll get through to a call centre who won't know what to do, so it will very likely go down the standard script and cancel your insurance...which will then give you a third headache (conviction, revoked licence, cancelled insurance) to have to declare in future...
Sh'tty situation to be in.
Decision tree:-
1) Do you need to drive today?
- If so, go to cop-shop and discuss with them. Write-off the afternoon as per above advice.
- If not, wait and then call the issuing Sheriff tomorrow morning.
2) Have Police / Sheriff resolved the issue?
- If yes, do you have clearance to drive, or a timetable to gain said clearance? (Note both the conviction and the revocation of licence!!!)
- If no, engage solicitor and seek formal advice/assistance immediately.
3) If resolved but no timetable or timetable will take too long, seek legal advice.
4) Has insurance been involved? If so, are there any insurance issues to mop-up?
- If so, again, seek legal advice...
- If not involved, have you established whether both the conviction and the revocation of licence have been quashed or just reversed. Technical point but could matter for insurance purposes going forwards, and may be something you'll need to chase up to get sorted properly.
A Scottish court has ballsed up & we get 5 pages in and nobody has blamed the SNP, or Nicola Sturgeon personally? This isn't like you PH. 
Honestly I would go with what many have said, pretend you havn't recieved the letter until the courts open up, in an ideal world I'd notify an insurer but in the real world they are just going to make your life difficult. If you do drive for a living, particularly heavy vehicles, I would notify your work that you appear to have been a victim of an admin error, let your boss make the decision whether or not he wants you in his vehicles.
Agtlaw on here has a history of offering pretty solid advice, I doubt he would advise you to drive if it where to put you at risk of serious legal bother.
Honestly I would go with what many have said, pretend you havn't recieved the letter until the courts open up, in an ideal world I'd notify an insurer but in the real world they are just going to make your life difficult. If you do drive for a living, particularly heavy vehicles, I would notify your work that you appear to have been a victim of an admin error, let your boss make the decision whether or not he wants you in his vehicles.
Agtlaw on here has a history of offering pretty solid advice, I doubt he would advise you to drive if it where to put you at risk of serious legal bother.
V6Pushfit said:
xRIEx said:
an agent of the DVLA (a UK government organisation) has advised the OP not to drive.
Or more like 'it says here you shouldnt drive, under What To Do If Someone Calls Saying Their Licence Has Been Revoked' Edited by xRIEx on Tuesday 3rd January 14:14
julian64 said:
xRIEx said:
Also, as I said and reiterated by Saucy, an agent of the DVLA (a UK government organisation) has advised the OP not to drive.
I would venture that both you and saucy have no need of a car for the purposes of work, and are therefore underestimating the effect it may have on some people.Olivera said:
julian64 said:
I would venture that both you and saucy have no need of a car for the purposes of work, and are therefore underestimating the effect it may have on some people.
If I was employing the OP and his license was required for work purposes (not just commuting), then I'd rather he came clean about the whole situation. I really wouldn't want him to continue driving for the company with a revoked license.A friend of mine had this but it wasn't a ban, it was 6 points.
Turns out the people who apply the ban to the DVLA system got the licenses mixed up. It was supposed to go on Dave Smith born on 31/1/1990 with license ending 34 instead of Dave Smith born on 31/1/1990 license ending 39. (details changed but you get the idea)
Took him a few weeks to get it sorted but did eventually get fixed.
Turns out the people who apply the ban to the DVLA system got the licenses mixed up. It was supposed to go on Dave Smith born on 31/1/1990 with license ending 34 instead of Dave Smith born on 31/1/1990 license ending 39. (details changed but you get the idea)
Took him a few weeks to get it sorted but did eventually get fixed.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff