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Referral to Court, advice re driving with non uk license, single justice procedure
qwertyuiopa
post Tue, 8 Mar 2022 - 09:47
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Hello.

I am looking for a bit of advice.

My wife was recently issued with a single justice notice procedure for not driving in accordance with her license and thereby invalidating her insurance.

The UK gov website states that you can drive for 1 year with a non UK license, her country is listed in this allowance. The police stopped us 1 week before her 1 year was up, we showed the officers the visa stamp, they did some checks, left the scene and said it was fine, this was over a month a go now and she now suddenly got this letter.

At the time of the incident she had a provisional license and the international license- I don't know if they are trying to argue having a provisional invalidates the international license- but this doesn't make sense to me (plus there were no warnings about this when she applied for one) and I sent a direct message on twitter to the DVLA who confirmed that it didn't invalidate the international license. So she was able to drive without supervision or L plates at the time she was stopped, after her 1 year was up she has been driving supervised with L plates, adhering to the rules of a provisional license holder

She really doesn't want the stress of going to court etc so will likely just plea guilty and try to explain ourselves in the mitigating circumstances box, just wondered if anyone has any tips or has been in this situation before? We still have 6 days to respond to the notice.

Thanks for any help.
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post Tue, 8 Mar 2022 - 09:47
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cp8759
post Wed, 13 Jul 2022 - 21:21
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I think a complaint to the police is also warranted, they should have never brought charges in the first place. Instead, the police should have worked out for themselves that the Brazilian licence was valid, and they should have called the DVSA examiner back and told him.

DVSA complaints: https://www.gov.uk/government/organisations...aints-procedure


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roythebus
post Thu, 14 Jul 2022 - 13:20
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It's not the first time this sort of thing has happened. a good result for the OP and his wife, and thanks to everyone on here who has helped out.

I'll post my similar experience in the Flame Pit section.
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qwertyuiopa
post Thu, 14 Jul 2022 - 19:31
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QUOTE (cp8759 @ Wed, 13 Jul 2022 - 20:39) *
QUOTE (qwertyuiopa @ Wed, 13 Jul 2022 - 18:18) *
One thing that we want to do is complain to the DVLA about the examiner who reported her to the police for no reason and as a result how long this has dragged on for (Jan-Feb till now), wasted time and money (over an hour on two trains to go to court as we had since moved).

What examiner? I thought she just got pulled over by the police?



The examiner was rude throughout the test, failed her really quickly and ended the test early, she drove off which she was allowed to do. He then obviously alerted the police who were waiting for us when we returned home. I do agree actually that we could complain to the Police as our initial phone calls and emails to drop it ages ago were ignored and not acted on. Kind of think they should at least refund the money for that particular driving test!

Thanks for the DVSA email address, will definitely be putting some together to send there way.
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cp8759
post Fri, 15 Jul 2022 - 10:43
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QUOTE (qwertyuiopa @ Thu, 14 Jul 2022 - 20:31) *
Thanks for the DVSA email address, will definitely be putting some together to send there way.

Please do keep us updated.


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The Rookie
post Fri, 15 Jul 2022 - 11:12
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QUOTE (qwertyuiopa @ Thu, 14 Jul 2022 - 20:31) *
Kind of think they should at least refund the money for that particular driving test!

I don't think you have any cause and effect basis for that.

Either the failing of the candidate was justified or it was not (and hard to prove), what he did after is clearly not a basis for trying to get the test fee back.


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cp8759
post Fri, 15 Jul 2022 - 14:40
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As I understand it there is no right of appeal for driving tests, and nobody in their right mind is going to seek a JR of a decision to fail. Your only real recourse if you fail a test is to take another one.


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roythebus
post Fri, 15 Jul 2022 - 22:29
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The trouble with drivers is they may have passed a test many years ago and have got into bad habits which on a later driving test could mean failure. Foreign driving tests may be nowhere as strict as the UK test, rules are different etc.

See my post in the Flame Pit.
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nigelbb
post Sat, 16 Jul 2022 - 13:02
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It sounds like the examiner was so appalled at the poor standard of driving that he thought she shouldn't be on the road.


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British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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roythebus
post Sat, 16 Jul 2022 - 22:28
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That could well be the case. One only has to look at a lot of the Uber drivers.
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