Weird problem - DVLA
Discussion
My brother-in-law got a fixed penalty a few months ago. When he sent his licence to the DVLA to receive his 3 points, they never received it.
He phoned to request a new one, and they claimed that according to their records, he was still on a provisional licence, despite having passed his test 8 years ago! They had a record of him passing his test, but no record of him upgrading his licence. As his licence was lost in the post (or at the DVLA...), he had no way of proving it.
SO he took his test again and got a new licence, complete with 3 points.
Now here's the problem. He has just received another NIP for an alleged 79mph on the M6 in Cumbria (haven't they got anything better to do?). Does this mean that as he's technically a "new driver", he could be facing a ban for reaching 6 points?
He phoned to request a new one, and they claimed that according to their records, he was still on a provisional licence, despite having passed his test 8 years ago! They had a record of him passing his test, but no record of him upgrading his licence. As his licence was lost in the post (or at the DVLA...), he had no way of proving it.
SO he took his test again and got a new licence, complete with 3 points.
Now here's the problem. He has just received another NIP for an alleged 79mph on the M6 in Cumbria (haven't they got anything better to do?). Does this mean that as he's technically a "new driver", he could be facing a ban for reaching 6 points?
Here it is:
www.direct.gov.uk/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/NewQualifiedDriversArticles/fs/en?CONTENT_ID=4022566&chk=1ZQD6M
So, a bit of a pain, but he shouldn't be off the road for too long.
www.direct.gov.uk/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/NewQualifiedDriversArticles/fs/en?CONTENT_ID=4022566&chk=1ZQD6M
So, a bit of a pain, but he shouldn't be off the road for too long.
>>>>>>>>>>>My brother-in-law got a fixed penalty a few months ago. When he sent his licence to the DVLA to receive his 3 points, they never received it. <<<<<<<<<
When he got the FPN did it not state that cheque and Driving Licence shoudl be sent to the Magistrates Clerks Office of the area of the offence. I am not aware that it has now to be sent to DVLA unless by a Court that awards a substantial disqualification.
That Office may have a record of his DL to prove that it was substantive.
If DVLA have record of his pass years ago (2 or more) how can he be a New Driver now?
dvd
When he got the FPN did it not state that cheque and Driving Licence shoudl be sent to the Magistrates Clerks Office of the area of the offence. I am not aware that it has now to be sent to DVLA unless by a Court that awards a substantial disqualification.
That Office may have a record of his DL to prove that it was substantive.
If DVLA have record of his pass years ago (2 or more) how can he be a New Driver now?
dvd
There is no ban with the revokation, he just reverts to provisional status & starts again. he doesn't have to wait, as soon as he has got the provisional licence he can book a theory test etc.
You can only have the licence revoked once. The 6 points he currently has will be on the new provisional & if he gets another 6 points then he will be up for totting.
You can only have the licence revoked once. The 6 points he currently has will be on the new provisional & if he gets another 6 points then he will be up for totting.
Dwight VanDriver said:
When he got the FPN did it not state that cheque and Driving Licence shoudl be sent to the Magistrates Clerks Office of the area of the offence. I am not aware that it has now to be sent to DVLA unless by a Court that awards a substantial disqualification.
That Office may have a record of his DL to prove that it was substantive.
If DVLA have record of his pass years ago (2 or more) how can he be a New Driver now?
dvd
That Office may have a record of his DL to prove that it was substantive.
If DVLA have record of his pass years ago (2 or more) how can he be a New Driver now?
dvd
Oh, maybe that's where he sent it, I'm recalling this from memory.
The DVLA claimed they had no record of him upgrading his provisional licence, even though they could confirm that he had passed his test 8 years ago. There's a time limit in which you have to upgrade your licence, so even though he has been driving for 8 years, they said he would have to take his test again. So now he has 3 points from September, even though he didn't pass his test (the 2nd time) until December!
This is driving my sister (his wife) mad with worry, as he has just started a new job, and if he loses his licence, he will probably lose it.
vonhosen said:
If he failed to exchange his pass certificate & provisional within the time frame permitted, the pass certificate expires.
Edited by vonhosen on Friday 12th January 15:44
Exactly, which is what the DVLA claim, although he insists he had a full licence. As it is "lost", and he has no copy, he cannot prove it.
Alex said:
Just had a text from my sister. Apparently this is what happened:
When he got the first FP, he couldn't find his licence, so phoned the DVLA for a new one. When it arrived, it was a Provisional, as that's what their records showed.
When he got the first FP, he couldn't find his licence, so phoned the DVLA for a new one. When it arrived, it was a Provisional, as that's what their records showed.
Well they may also be looking at driving other than in accordance with a licence as well, if that's what they think. (I take it he wasn't displaying "L" plates etc ?)
vonhosen said:
Alex said:
Just had a text from my sister. Apparently this is what happened:
When he got the first FP, he couldn't find his licence, so phoned the DVLA for a new one. When it arrived, it was a Provisional, as that's what their records showed.
When he got the first FP, he couldn't find his licence, so phoned the DVLA for a new one. When it arrived, it was a Provisional, as that's what their records showed.
Well they may also be looking at driving other than in accordance with a licence as well, if that's what they think. (I take it he wasn't displaying "L" plates etc ?)
Of course not, but they don't seem interested in that.
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