DVLA compensation first offer. Fight or flight.

[chilistrucker]

Its only taken them a year since I put my claim in, but the DVLA have finally made me an offer.

I won't bore you all with the full story, (pretty much done it to death on here, sorry.)

The offer in regards to lose of earnings is correct, but in relation to the, 'poor service you received from us' their words not mine they have offered a consolatory payment of £1000.00p

Now to be frank in my opinion that is a fking insult, I hope I don't come across as an arse but they really did nigh on ruin me for 4 years. Now I'm fully aware that this is a government agency I'm dealing with here and their main goal is to keep the payment to me from their budget to an absolute minimum. It was one of the first things the lady in charge of my case pointed out to me, the public purse as she put it. Yes the same one I've payed into for the last 30 years was my response.


I know I could go down the legal route but would prefer to avoid this at all costs as I assume this would be a very long drawn out process and I'd be fighting the states legal team with no actual guarantee of an end result in my favour. They have the budget and power to draw it out as long as they choose I guess, where as I would be paying for all my own legal costs and I imagine this could turn into an expensive cost on my part, again with no actual guarantee of a positive outcome.


Do I....


Just accept and walk away so that I can finally put the last 4 years to bed and move on with my life?


Refuse their offer and inform them I will be seeking legal advice in relation to the unsatisfactory consolatory offer? If I did this do you think they would counter offer or am I just dreaming?


Its a real quandary for me.

[scoey1001]

Have you got a figure in your mind that you would be satisfied with? Try and work that out first before your next move. Then maybe worth writing to them explaining why you think their offer is derogatory and giving reasons as to how you arrived at your figure, and put the ball back in their court before threatening legal action etc.

[graylag]

I’d suggest taking legal advice before replying.

Your loss of earnings claim is correct and that’s what you’re entitled to legally. The poor service bit is a goodwill offer and not legally enforceable IIRC so they could let you go to court and a court can’t / won’t rule on it.

[richs2891]

Fight, to a point where you are happy,

DVLA love trotting out the line its a public purse when seaking compensation for their own mistakes.
Had the same when DVLA lost my driving license, after claiming my paper one could not be updated (with a speeding conviction) , then when I pointed out it was updated on a computer, DVLA claimed it had been lost. And I could pay for a new one.
Long story short it miraculously turned up via 1st class post after pushing the complaint higher (and sending them copies all all their email showing the comedy of errors)
DVLA service will not improve when they are allowed to hide and to be held accountable for their own mistakes

[GC8]

Id take it Neil. If the loss of earnings figure is reasonable then Id accept their offer. You know how difficult they are; youve won; take their 'goodwill jesture' knowing that there isnt any goodwill and that theyd still be fking you about if they could.

Draw a line under it. Look at the fellow who has proved that he has an HGV licence (against all odds) and who theyre now making up reasons to continue as they are, with. This is a resounding victory.

[havoc]

As above:-
- Is the loss of earnings fair/reasonable?
- Do you have the time/stomach for a longer fight?
- How much do you want to get out of them...and does a decent (!) solicitor think that's reasonably likely to be achievable?

My old self would definitely be fighting, regardless.
My current self would consider how much else is going on in my life and what little reserves I've got left to deal with an additional stress, and decide how much benefit I'd gain from fighting...

[anonymous-user]

Take it. The substantive claim you are happy with. The £1k is a cherry on top.

[pincher]

havoc said:

My old self would definitely be fighting, regardless.
My current self would consider how much else is going on in my life and what little reserves I've got left to deal with an additional stress, and decide how much benefit I'd gain from fighting...

I think havoc nails it with that summary - like you said, they could easily drag it out for another year or two with no guarantee of anything substantial at the end.

I think that I would be annoyed for a while but have largely moved on after a month or two (with occasional simmering reflection as to the ‘what if’ ) but overall, I’d be thankful that my life was back on track and that they had been held to account.

[surveyor]

I’d take it, and make sure there is no confidentiality clause...

Then sell the story to the daily mail. DVla cockups leading to wrecked lives and now admitting fault and paying out from the public purse.... got to be worth a couple of extra pounds...

And congratulations- about time they sorted this
mess out.

[Rushjob]

Glad to see its finally sorted for you, I'd take the money, walk away and never think of it again.

They aren't worth the stress and possible expense of taking it further forward, you've won and they've admitted it, albeit with a parsimonious amount for what they've put you through.

You've won, they've lost and it's over.

Congratulations.

[rxe]

surveyor said:

I’d take it, and make sure there is no confidentiality clause...

Then sell the story to the daily mail. DVla cockups leading to wrecked lives and now admitting fault and paying out from the public purse.... got to be worth a couple of extra pounds...

And congratulations- about time they sorted this
mess out.

This.

You see all sorts of people who become slaves to their causes fighting some injustice for decades. A small percentage win and have their moment in the sun, at which point they can look at the wreckage of their lives and work out if it was all worthwhile.

Take the money. I’d be careful about engaging with the likes of the DM, but they way our incompetent “services” cock up, then lie, is probably worth a bit of publicity.

[chilistrucker]

pincher said:

havoc said:

My old self would definitely be fighting, regardless.
My current self would consider how much else is going on in my life and what little reserves I've got left to deal with an additional stress, and decide how much benefit I'd gain from fighting...

I think havoc nails it with that summary - like you said, they could easily drag it out for another year or two with no guarantee of anything substantial at the end.

I think that I would be annoyed for a while but have largely moved on after a month or two (with occasional simmering reflection as to the ‘what if’ ) but overall, I’d be thankful that my life was back on track and that they had been held to account.

Thankyou all very much for the input and replies, PH has been pretty good to me in general and especially in regard to the DVLA shambles, it even got me 2 jobs when I was on my knees thanks to 2 great blokes on here. I genuinely appreciate it.

Myself and swmbo thought it over for a few days and finally decided to take the offer.
As above quotes perfectly nailed it, 10 years ago I'd probably have a bit more fight in me but not these days.

The DVLA succeeded in ruining me for a good while and making me a pretty nasty angry man, but at least I can now try and go back to the old me.

I do take it as a victory, it certainly wasn't easy but I was never going to roll over and play dead for their fking benefit, clowns. The PHSO report was a major turning point, and this combined with me finding some flaws in their rulings from 1 of the DMG panel meetings certainly helped my case, and the nail in the coffin for the DVLA was when the guy from the ICA got involved.

His help and input was invaluable and because of the clout the ICA carry the DVLA knew they couldn't ignore my case or try and bury me any longer. I fought them for 3 years solid but as I'm just a no body too them they thought they'd get away with it. He achieved a turnaround in my case in just 3 months

The DVLA agreed to everything in his final report, this got me a written apology, (lack lustre) a minor we're sorry payment and my lorry licences back It is also that report that got me the compensation payout even though they dragged that out for another year.


I will forever be grateful to the ICA.


I guess I won and that feels pretty good, fk you DMG.



Thanks again all, Merry Christmas.
I now have to decide if I should watch another film on my new fancy telly, or decide which car is going to replace my very old and tired Mini

[GC8]

Living the dream Son; you're living the dream!

[chilistrucker]

GC8 said:

Living the dream Son; you're living the dream!

Beginning too have a peak at it from a safe distance

[NickGRhodes]

Does any of you compensation cover time you spent trying to sort this whole debacle out ? - if not that may be reason to ask for more.

[Red Devil]

Chuffed to hear you've finally achieved closure with this Neil.

The big question mark for me is whether the damning PHSO report has actually led to any reform of the arrogant and unaccountable DMG.

[chilistrucker]

NickGRhodes said:

Does any of you compensation cover time you spent trying to sort this whole debacle out ? - if not that may be reason to ask for more.

I'd say no. The bulk of the figure is loss of earnings for the time period that the ICA report recommended, this was 14 actual months out of the 36 that the farce went on for. In that 14 month period I did manage to get some van driving work through an agency and earned approx 9k which the DVLA deducted from my claim.


The 1k that the DVLA payed me as a consolatory offer was for the, 'poor service I received from them.' Their exact words. As far as they are concerned they have covered it and they are only ever going to pay the minimum they think they can get away with.


I have looked into this and apparently they didn't actually have to pay that but they did. Reading into it, it would appear that if it went to court a judge even if they wanted to, could not force the DVLA to pay me a penny more than they already have.

I honestly think it is an insult, when I look back at the emotional pain and torment they caused me and my family its a tough one to take, but such is life eh, no body said it was fair.

Still beat them in the end though so I'll take that as my victory and once my house has been finished on DVLA budget money, (so to speak) I'm going to frame their apology letter on my wall.

[chilistrucker]

Red Devil said:

Chuffed to hear you've finally achieved closure with this Neil.

The big question mark for me is whether the damning PHSO report has actually led to any reform of the arrogant and unaccountable DMG.

Thanks mate

Sadly it would appear not as I constantly read that many people are still trying to get old and current DVLA/DMG issues sorted. They are still a fking disgrace and very little has changed and it amazes me they continually get away with it.


I know it shouldn't but any mention of the DMG instantly fills me with an intense hatred and rage, not just for my own case but for all the other people that have and are still trying to fight this backward bunch of fkwits.


Oliver Morley, also the then Transport Minister and certain case managers at the DMG have no idea of the pain and hurt they caused so many. Put me in a room with them for 5 minutes, that's all I would need to show them just how much pain they caused to every 1 of those people.

[gus607]

DVLA is ran by Capita, say's it all really.
A bus driving mate of mine had to retire three years early due to Specsavers wrongly interpreting DVLA eyesight guidelines for vocational drivers, he was told by DVLA he could not drive buses due to eyesight problems.
Three years later DVLA sent him a new license with an half hearted apology saying a mistake had been made by refusing his license.

OP, do other vocational drivers a big favour by screwing them for every penny you can get out of them.

I followed your thread with much interest having spent my entire adult working life working as a HGV & 12 years bus driving, I know just how callous the DVLA can be.

Best of luck whatever decision you take.

[chilistrucker]

gus607 said:

DVLA is ran by Capita, say's it all really.
A bus driving mate of mine had to retire three years early due to Specsavers wrongly interpreting DVLA eyesight guidelines for vocational drivers, he was told by DVLA he could not drive buses due to eyesight problems.
Three years later DVLA sent him a new license with an half hearted apology saying a mistake had been made by refusing his license.

OP, do other vocational drivers a big favour by screwing them for every penny you can get out of them.

I followed your thread with much interest having spent my entire adult working life working as a HGV & 12 years bus driving, I know just how callous the DVLA can be.

Best of luck whatever decision you take.

Hi Gus. I know the whole eyesight thing has been a huge part of the DMG/DVLA failings, well, 1 of the many. I remember once the PHSO report had been published I started the second part of my battle and at the DVLA's request I had to go for a medical with my doctor, (paid for by the DVLA,) so they already knew they were wrong. When at the surgery waiting one of the staff approached me and asked me about my fight with the DVLA. It turns out that he was interested as many of the people he specifically dealt with at the surgery were having issues with the DMG/DVLA and on no real apparent grounds, their licences were being revoked.


I think the real problem here is very deep rooted and many people have suffered at the failings of the DMG, the problem is trying to find them all and link everyone together. Myself and another guy did try by setting up a facebook group to try and deal with the issues, the problem was though knowing where to find individuals who have suffered.


I know for a fact it is definitely hundreds but more probable that it is actually thousands who have wrongly suffered at the hands of the DMG/DVLA. I remember post PHSO report the clown that is Oliver Morley and the then transport minister said that they were upset and sorry that their had been failings at the DVLA/DMG, but it had only been a small number of cases and they were addressing the issues.


Liars. A very convenient look at us addressing the problem press statement.


The small number of cases they referred to were 12 cases that the PHSO chose to investigate for their report. Of those 12, the DVLA/DMG were found to be wrong in 9 of the cases. A failing of 75% by the DMG/DVLA.


I think if ever the true facts and figures were made available it would be shocking on quite a grand scale.


I'd love to fight the cause and make it common knowledge just how bad things were at Swansea but in the current Brexit and Political climate, I guess no one actually gives a toss.