Compensation from DVLA?
Discussion
Ok, I will cut a VERY long story short
I was stopped on July 16th 2011 for going through a orange light ( which was later dropped )
They done the usual checks on me, and turned out my my licence was revoked 5 1/2 years ago!
The policeman took my licence away and had to have the missus drive the car home and cant drive until further notice.
I lost my job almost instantly ( work in the motor trade ) waited and waited for the court summons to come in the post.
Eventually went to court 3 months later only for them to tell me It will be adjourned until December 17th!
After countless letters to DVLA, courts and police I got a phone call a couple of weeks ago saying it was a mistake on the system.
Turns out I was summoned to court 5 1/2 years ago ( never knew about this ) then convicted of a hit and run In a car I never owned, banned until retest was taken, but then shortly after it was cleared up and the court reinstated my licence ( this all happened with out my knowledge until I was pulled over in July 2011 )
So the court told the DVLA that it was a mistake but failed to take it off the system
So now im VERY out of pocket and unemployed and close to loosing the house because the DVLA failed to rectify this problem 5 1/2 years ago.
What do I do?
I have people telling me I should sue for lost of earnings,future earnings, car tax, car insurance and stress?
I know this is the real world and would like some advice
Thanks
Alex
I was stopped on July 16th 2011 for going through a orange light ( which was later dropped )
They done the usual checks on me, and turned out my my licence was revoked 5 1/2 years ago!
The policeman took my licence away and had to have the missus drive the car home and cant drive until further notice.
I lost my job almost instantly ( work in the motor trade ) waited and waited for the court summons to come in the post.
Eventually went to court 3 months later only for them to tell me It will be adjourned until December 17th!
After countless letters to DVLA, courts and police I got a phone call a couple of weeks ago saying it was a mistake on the system.
Turns out I was summoned to court 5 1/2 years ago ( never knew about this ) then convicted of a hit and run In a car I never owned, banned until retest was taken, but then shortly after it was cleared up and the court reinstated my licence ( this all happened with out my knowledge until I was pulled over in July 2011 )
So the court told the DVLA that it was a mistake but failed to take it off the system
So now im VERY out of pocket and unemployed and close to loosing the house because the DVLA failed to rectify this problem 5 1/2 years ago.
What do I do?
I have people telling me I should sue for lost of earnings,future earnings, car tax, car insurance and stress?
I know this is the real world and would like some advice
Thanks
Alex
I would hope there is some justice in the world and you would get recompense somehow. I'd imagine its going to involve a solicitor and a big bundle of cash however, which I'd imagine is a significant stumbling block, and don't imagine you'd get legal aid for this.
Suppose I'm kind of saying life is a s
t sandwich and you have my sympathies.
Will your old employer take you back?
Suppose I'm kind of saying life is a s
t sandwich and you have my sympathies.Will your old employer take you back?
If I add it all up its coming up to a large number and getting bigger by the week,
Does any one know or had experience with DVLA and payouts?
There's a part of me that wants to go for a large claim but another part of me that wants the money asap which will be a smaller amount and I know I will have to pick just the one that's if I will get any at all!
Does any one know or had experience with DVLA and payouts?
There's a part of me that wants to go for a large claim but another part of me that wants the money asap which will be a smaller amount and I know I will have to pick just the one that's if I will get any at all!
OP, try to see if you can get a decent lawyer on a 'No Win, No Fee' basis. In Aberdeen we have a decent one called Quantum Claims who specialise in this sort of thing but there may be one closer to you.
I had a non fault accident many years ago and my lawyer got paid out of the settlement (i.e no out of pocket costs for me during the 5 years it took) - I know this is different but maybe worth a try?
Hope this helps.
I had a non fault accident many years ago and my lawyer got paid out of the settlement (i.e no out of pocket costs for me during the 5 years it took) - I know this is different but maybe worth a try?
Hope this helps.
Alexdaredevilz said:
I cant afford a lawyer as this has made me broke!
No, my old employer has replaced me since
Perhaps take a different tack? If the DVLA can't be tackled, talk to a lawyer about unfair dismissal? After all, you weren't guilty of the reason you were fired for...No, my old employer has replaced me since
Good luck, chap.
(No win no fee gets a lot of bad press... but if you don't have the cash to stump up, it helps some people out.)
OP, I hope you get what you deserve from the DVLA and that you get back on your feet as soon as possible.
While my sympathies lie with OP in this situation, why should the employer be out of pocket ? Either by not having someone there to work, or having to have to take him back when someone else has already taken the post ?
How is it an unfair dismissal ? OP did not have a licence at the time he was fired, which is necessary for the job. I don't see how the employer would be responsible in any form or way for the fact that the OP does not have a licence.
blearyeyedboy said:
Perhaps take a different tack? If the DVLA can't be tackled, talk to a lawyer about unfair dismissal? After all, you weren't guilty of the reason you were fired for...
Good luck, chap.
(No win no fee gets a lot of bad press... but if you don't have the cash to stump up, it helps some people out.)
Good luck, chap.
(No win no fee gets a lot of bad press... but if you don't have the cash to stump up, it helps some people out.)
BarnatosGhost said:
I'd have thought your employer would HAVE to take you back, unless you were in the first 12 months of your employment?
Otherwise you've been unfairly dismissed?
Lawyer-time.
WTF ? Seriously, WTF ? Otherwise you've been unfairly dismissed?
Lawyer-time.
While my sympathies lie with OP in this situation, why should the employer be out of pocket ? Either by not having someone there to work, or having to have to take him back when someone else has already taken the post ?
How is it an unfair dismissal ? OP did not have a licence at the time he was fired, which is necessary for the job. I don't see how the employer would be responsible in any form or way for the fact that the OP does not have a licence.
I would have thought the employer did the right thing at the time, unfortunately he has since been replaced & unless he would dismiss the replacement to reinstate the OP (poss another problem for him) it is just something regrettable. I would definitely go for compensation as something has clearly gone wrong & it is not your fault from what we have heard
doogz said:
As far as his work were concerned, he was.
You can't blame them for firing him.
You can't blame them for firing him.
sinizter said:
WTF ? Seriously, WTF ?
I can see what you mean, so I hesitated before posting that. But it's not so much about blame as the OP not losing his home for something that wasn't his fault.Maybe you're right, but if it were my backside against the wall I'd chase every last option. Let a lawyer advise the OP whether it's a possible option.
Shocking story mate, I cant help at all I dont think, but feel for you with banging your head against a virtual wall with the faceless void of the DVLA. And watching your life turn to st for no reason with no way of getting any sense. Feels like losing your masculinity when there is sweet feck all you do, cant throttle anyone, all you can do is speak to people in a Welsh call centre who dont care in the slightest.
Proper piss boiler I hope you get back all you can. Good luck.
I'll buy you a pint if you're in Suffolk at all. Sounds like you need one.
t for no reason with no way of getting any sense. Feels like losing your masculinity when there is sweet feck all you do, cant throttle anyone, all you can do is speak to people in a Welsh call centre who dont care in the slightest.Proper piss boiler I hope you get back all you can. Good luck.
I'll buy you a pint if you're in Suffolk at all. Sounds like you need one.
Thanks for help and support
Its not my old employers fault one of the requirements of my jobs was a licence and I had to tell him I didn't know when I was able to drive again, I didn't know what was going on myself at the time
So can we move on from 'suing my old employer please'
Thanks
Its not my old employers fault one of the requirements of my jobs was a licence and I had to tell him I didn't know when I was able to drive again, I didn't know what was going on myself at the time
So can we move on from 'suing my old employer please'
Thanks
doogz said:
Indeed. And it's a stty situation. But it's not his works fault either, so why blame them?
Like I said, I hesitated before I suggested it because at the time the OP's work took a reasonable step. I could see a response like yours coming, which is pretty reasonable considering his boss only had certain info to go on.tty situation. But it's not his works fault either, so why blame them?However, if it's shown later on that the decision taken in good faith by an employer is wrong, do they have a duty/obligation to reverse that action? I don't know... and if it were me I'd ask a lawyer.
Put it another way- if Joe Bloggs gets fired for stealing, and it turns out later he was framed by someone else, does the boss have to give him his job back? The decision to fire him was made in good faith, but if it turns out to be wrong... well, I really don't know. Hence why I posted what I did. It's a bit crappy for the employer, but that's less crappy than an innocent man losing his home.
OP, I'll echo the earlier offer of beer should you find yourself near Bristol.
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