Can I sue the dvla?

[hman]

I thought as with all things DVLA if you dont have anything in writing then it hasnt happened.

Think about at the lowest level V5's they dont acknowledge recipt of the transfer of ownership until you have the letter confirming this.

The rest of your battle is beyond my capabilities but the advice shown on here seems logical.

[TroubledSoul]

TooMany2cvs said:

chilistrucker said:

TooMany2cvs said:

How have people been "put at risk"?

It's a good question.
I can only assume that if they revoked my licence due to their concerns I could have a seizure, then anyone I passed, or passed me from the 20th-27th of September!
The 20th was when they revoked it, but as I was working away in Europe till the 27th I had no access to their letter until the 27th.

So the revocation of your licence is justified, then? Because, if not - and you're saying not, because you want your licence back - then there's no risk element involved at all.

Here we go again, PH at its nitpicking best.

Stop picking fault. It's very obvious that what he is saying is that the DVLA obviously believe there is a risk and because of that, they should have properly mitigated it by making sure he was notified immediately and not left in a situation where he was driving around oblivious.

It's really not rocket science.

[Nigel Worc's]

In my experience DVLA revoke first and ask questions afterwards.

This will seem acceptable to anyone that hasn't been involved with them, once you have you'll know how frustrating it can be, medical professionals saying you're ok to drive, DVLA saying "we're looking into it ......slowly, and in our own time".

Meanwhile, you can't work.

[grumpy52]

It seems that with the DVLA and professional drivers licence issues if you try to do it the proper way after these sort of medical situations you get shafted ,
yet loads of car drivers are on the roads with all sorts undeclared issues.
The medical profession need to up their game and all sing from the same song sheet with regards to medical issues and driving , it seems they are very reluctant to restrict car drivers but jump straight on truckers and passenger vehicle drivers .
In my own dealings with DVLA I was very lucky to only be restricted until cleared by my GP, DVLA didn't really want to know as my 7.5 t entitlement is through grandad rights.

[Nigel Worc's]

Not true Grumpy, I only have normal car & bike licences these days, they have given me ste on two occasions.

[GC8]

I work with two men who drive 7.5 tonne vans. One has Parkinsons disease and both have had strokes!

[grumpy52]

GC8 said:

I work with two men who drive 7.5 tonne vans. One has Parkinsons disease and both have had strokes!

I had a mini stroke,also known as a TIA,caused by a strange liver infection releasing a clot that had a pit stop in my brain .
I had to recover the car of a 89 year old who had a set of accidents ,he tried to drive between a set of bollards in an automatic Renault Grand Espace ,he got wedged,he then opened the drivers door and reversed out ,ripping off the drivers door then drove forwards again ending up ontop of a bollard with both front wheels off the ground .
He was disabled,a diabetic,had a stoke in the past 6 months and was still allowed to drive .

[kowalski655]

Allowed,or just didn't tell the DVLA?

[Fun Bus]

The word 'allowed' implies to me that there was permission to drive.

[grumpy52]

I think people continue to drive because nobody , especially the medical profession, have told them not to.

[crikey]

grumpy52 said:

I think people continue to drive because nobody , especially the medical profession, have told them not to.

I'm pretty sure the medical profession can't tell anyone not to, they can only advise. They're also not allowed to tell the DVLA anything, which is where the problem is with regards to those that shouldn't be on the road.

[Tiberius]

crikey said:

grumpy52 said:

I think people continue to drive because nobody , especially the medical profession, have told them not to.

I'm pretty sure the medical profession can't tell anyone not to, they can only advise. They're also not allowed to tell the DVLA anything, which is where the problem is with regards to those that shouldn't be on the road.

How does this work when it comes to insurance? if you have been medically advised not too drive? does this void your insurance?

[crikey]

Tiberius said:

How does this work when it comes to insurance? if you have been medically advised not too drive? does this void your insurance?

Don't know. My wife rang my insurers while I was in hospital and they weren't bothered at all, however when it cam to renewal time and my license was still revoked I was named as not being insured.

[chilistrucker]

Yes my appointment with GP is to see if she will appeal to dvla with regards to getting the licence back?
Speaking to the dvla yesterday was of no use really but not surprised !
Currently about half way through my email to the MP, listing the events, and my thoughts of everything that has happened from the 17th of May up till today!!!
It's turning into a very long email, but I'm enjoying it.

[grumpy52]

It seems that any dealings with a government department involving a medical issue is only resolved on the time line and system they have in place , and supervised by retired Medical staff , the last one I was interviewed by was nearly 80 and a retired GP.

[chilistrucker]

Been looking at all avenues this week.
The most positive so far is the very swift reply I got from my MP which has left me feeling alot more hopeful.
The MP/His staff have been very helpful so fingers crossed.....

[Nigel Worc's]

Do all of your medical team back you ?

If so, you've about six weeks to go by my experience.

[chilistrucker]

Nigel Worc's said:

Do all of your medical team back you ?

If so, you've about six weeks to go by my experience.

Yes, neuro consultant gave me the all clear at my last ct scan in the 27-08-14 and my GP backed this Thursday morning!

[Nigel Worc's]

chilistrucker said:

Nigel Worc's said:

Do all of your medical team back you ?

If so, you've about six weeks to go by my experience.

Yes, neuro consultant gave me the all clear at my last ct scan in the 27-08-14 and my GP backed this Thursday morning!

Brilliant, from my two experiences you'll get it back, just in their time, sadly.

[Oilchange]

As long as the neuro surgeon said go ahead and drive then I would carry the doctors paperwork with me until the DVLA can be bothered to post a letter, as long I had re-applied for the licence based on this medical evidence.

What would happen if I was quizzed by the police? I suspect it would be just a case of awaiting a piece of paper arriving in the post as opposed to not actually having a licence. Could be wrong but it makes sense to me.

If I went in front of a magistrate I would argue that the dvla can't restrict me from driving based on medical evidence as they aren't qualified in the field/haven't seen me/my records and I have medical evidence from a consultant stating I'm fit to drive.

Edited by Oilchange on Sunday 5th October 17:02