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Unexpected notification of disqualification
Anon Y Mouse
post Sun, 3 Dec 2017 - 18:01
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I received a letter yesterday from the DVLA stating I need to return my licence as I they have been notified that I was disqualified by the courts from driving for an alcohol related offence.

Now I have not even been stopped by the police, let alone breath tested, arrested charged and convicted, yet when I put my details into the DVLA's search it shows me as being disqualified for two years. I am now left with no alternative but to spend more money than I am paid on taxis to and from work every day until this is sorted out.

Has anyone got any similar experiences and / or able to offer any advice?
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post Sun, 3 Dec 2017 - 18:01
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peterguk
post Sun, 3 Dec 2017 - 18:02
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Phone DVLA and find out which court.

Phone court.


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oldstoat
post Sun, 3 Dec 2017 - 18:03
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Time line would help. i.e court date, alleged offense date.


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Anon Y Mouse
post Sun, 3 Dec 2017 - 18:18
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The letter states the court date was November 28th and the letter from the DVLA is dated November 29th. I have no idea of the date of the alleged offence as the letter doesn't say this. It states Avon and Somerset Magistrates court, but doesn't statye which court in Avon or Somerset. DVLA are closed until tomorrow.
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Logician
post Sun, 3 Dec 2017 - 19:21
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The most likely reasons for that notification is that a) the DVLA have got hold of the wrong person and an entirely different Anon Y Mouse has been convicted or b) that some other person has given the police your name and address. Phoning the DVLA is the only way to find out. If a) that is an administrative error that DVLA will have to sort out and you have not in fact been disqualified, if b) then you have been disqualified and you will need to make a statutory declaration to get the conviction and disqualification set aside, going to a magistrates court for that should get the quickest resolution or you could make it in front of a solicitor and send it to the court.


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cp8759
post Sun, 3 Dec 2017 - 19:40
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QUOTE (Anon Y Mouse @ Sun, 3 Dec 2017 - 18:18) *
The letter states the court date was November 28th and the letter from the DVLA is dated November 29th. I have no idea of the date of the alleged offence as the letter doesn't say this. It states Avon and Somerset Magistrates court, but doesn't statye which court in Avon or Somerset. DVLA are closed until tomorrow.

Well everything is closed until tomorrow, you'll just have to call them first thing.
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Anon Y Mouse
post Mon, 4 Dec 2017 - 09:33
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Well the DVLA say that they can see what has happened as they have another driver on their system with the same name and date of birth. However, they can only alter their records when instructed by a court.

Avon and Somerset say they have no record of anyone with my name and address but have multiple convictions for someone with my name and date of birth in a car I have never driven with an address I've never lived at. As they have no record big me, they referred me back to the DVLA.

Now waiting for a call from Taunton Deane magistrates who issued the conviction. Apparently there is another speeding offence in my name but a different address in Bath too.
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DancingDad
post Mon, 4 Dec 2017 - 10:25
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I would get back onto DVLA.
If the court has notified them with Name, Address, DOB of the driver and they have ascribed it to Name and DOB, it is their error to correct.
But does depend on what the court sent to them and you may need to bore down to get full information.
If court only sends name and DOB, it's back to the courts.
Notes on all phone calls, names, dates, times so you have a record.
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southpaw82
post Mon, 4 Dec 2017 - 10:26
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QUOTE (Anon Y Mouse @ Mon, 4 Dec 2017 - 09:33) *
Well the DVLA say that they can see what has happened as they have another driver on their system with the same name and date of birth. However, they can only alter their records when instructed by a court.

Presumably the court has ordered The Right Mouse's licence to be endorsed. DVLA have endorsed The Wrong Mouse's. Now the DVLA want the court to order them to do what they should have done in the first place but cocked up?


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AntonyMMM
post Mon, 4 Dec 2017 - 10:33
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YOU have not been disqualified ... you can continue to drive quite lawfully. Only a court can disqualify, and you haven't been subject to any such proceedings - the fact that someone else's disqualification has been wrongly recorded does not affect your ability to drive.

Of course you need to get the record corrected because if you do get stopped in the meantime you are going to have serious problems.
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Anon Y Mouse
post Mon, 4 Dec 2017 - 11:16
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According to the DVLA MY licence has been revoked, regardless of whether this was done in error. Taunton Deane Magistrates have confirmed that bthey gave the DVLA my licence number but a different address. Obviously the DVLA have spotted this because they knew exactly why I was calling them before I mentioned it. Taunton Deane Magistrates have clearly realised their error because as soon as the clerk I spoke to realised that my address didn't tally with their records but my license number did he went very quiet and said he needed to get legal advice before he could comment further. I'm now waiting a call back once he has spoken to magistrate.
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Fredd
post Mon, 4 Dec 2017 - 11:19
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QUOTE (AntonyMMM @ Mon, 4 Dec 2017 - 10:33) *
YOU have not been disqualified ... you can continue to drive quite lawfully. Only a court can disqualify, and you haven't been subject to any such proceedings - the fact that someone else's disqualification has been wrongly recorded does not affect your ability to drive.

Uh - are you certain about that? DVLA might have taken action against the wrong person, but they're the ones who issue/revoke/cancel licences; I'd want a bit more hard information on the status of the licence in a case like this before telling someone they can effectively ignore an erroneous disqualification.


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AntonyMMM
post Mon, 4 Dec 2017 - 11:26
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You could not be convicted of "driving whilst disqualified" because you haven't been ..... but it may be a lot of grief to get to that point if you were to be stopped.

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Fredd
post Mon, 4 Dec 2017 - 11:36
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QUOTE (AntonyMMM @ Mon, 4 Dec 2017 - 11:26) *
You could not be convicted of "driving whilst disqualified" because you haven't been ..... but it may be a lot of grief to get to that point if you were to be stopped.


No they haven't been disqualified - but that doesn't mean they still have a valid licence, if DVLA have removed their entitlement to one (which it seems they have, by revoking it).


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Anon Y Mouse
post Mon, 4 Dec 2017 - 11:40
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QUOTE (AntonyMMM @ Mon, 4 Dec 2017 - 11:26) *
You could not be convicted of "driving whilst disqualified" because you haven't been ..... but it may be a lot of grief to get to that point if you were to be stopped.


That's not quite the way the DVLA phrased it. The DVLA have revoked my license on the instructions of the court, albeit these instructions are unclear since the address doesn't tally with the driver number. I would therefore be driving without a valid license, even though they are aware of a dispute over the validity of the disqualification, the licence remains invalid.

I'm curious as to whether they also revoked the licence of the culprit whose name, address and date of birth were supplied but with an incorrect licence number.
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southpaw82
post Mon, 4 Dec 2017 - 11:47
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QUOTE (AntonyMMM @ Mon, 4 Dec 2017 - 11:26) *
You could not be convicted of "driving whilst disqualified" because you haven't been ..... but it may be a lot of grief to get to that point if you were to be stopped.

Driving otherwise than in accordance with a driving licence?


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Anon Y Mouse
post Mon, 4 Dec 2017 - 12:18
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I've now spoken to a solicitor who wasn't very hopeful of sorting it. His advice is to apply to get the case set aside then apply for a retrial.

Clearly the court already tried and convicted the correct person, it seems counter intuitive to now get myself tried for someone else's crime and have to prove that they are charging the wrong person.
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DancingDad
post Mon, 4 Dec 2017 - 12:20
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QUOTE (Anon Y Mouse @ Mon, 4 Dec 2017 - 11:16) *
According to the DVLA MY licence has been revoked, regardless of whether this was done in error. Taunton Deane Magistrates have confirmed that bthey gave the DVLA my licence number but a different address. Obviously the DVLA have spotted this because they knew exactly why I was calling them before I mentioned it. Taunton Deane Magistrates have clearly realised their error because as soon as the clerk I spoke to realised that my address didn't tally with their records but my license number did he went very quiet and said he needed to get legal advice before he could comment further. I'm now waiting a call back once he has spoken to magistrate.


So, right name, right DOB and right licence number but wrong address sent to DVLA from the courts
Begs the question where did the courts get your licence number from ?

Can see why DVLA will not shift without court instruction if courts gave them your licence number.
So does look like you need to concentrate on courts.
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southpaw82
post Mon, 4 Dec 2017 - 12:20
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I'm not even sure you could get the case set aside. Nobody is saying you've been convicted, they're saying they supplied the wrong driver number to the DVLA. The court merely needs to fix that and supply the correct number.


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Anon Y Mouse
post Mon, 4 Dec 2017 - 12:26
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QUOTE (southpaw82 @ Mon, 4 Dec 2017 - 10:26) *
QUOTE (Anon Y Mouse @ Mon, 4 Dec 2017 - 09:33) *
Well the DVLA say that they can see what has happened as they have another driver on their system with the same name and date of birth. However, they can only alter their records when instructed by a court.

Presumably the court has ordered The Right Mouse's licence to be endorsed. DVLA have endorsed The Wrong Mouse's. Now the DVLA want the court to order them to do what they should have done in the first place but cocked up?


In reality it looks as if the court rather than instructing the DVLA to endorse the RIGHT or WRONG Mouse, they have told them to endorse the WRIHTG Mouse and the DVLA either took a guess or endorsed both mice.


QUOTE (DancingDad @ Mon, 4 Dec 2017 - 12:20) *
QUOTE (Anon Y Mouse @ Mon, 4 Dec 2017 - 11:16) *
According to the DVLA MY licence has been revoked, regardless of whether this was done in error. Taunton Deane Magistrates have confirmed that bthey gave the DVLA my licence number but a different address. Obviously the DVLA have spotted this because they knew exactly why I was calling them before I mentioned it. Taunton Deane Magistrates have clearly realised their error because as soon as the clerk I spoke to realised that my address didn't tally with their records but my license number did he went very quiet and said he needed to get legal advice before he could comment further. I'm now waiting a call back once he has spoken to magistrate.


So, right name, right DOB and right licence number but wrong address sent to DVLA from the courts
Begs the question where did the courts get your licence number from ?

Can see why DVLA will not shift without court instruction if courts gave them your licence number.
So does look like you need to concentrate on courts.


I'm guessing that the offender didn't have his licence in court and the courts have searched for his licence number by name and date of birth but not checked the address or assumed that the offender had moved without informing the DVLA.
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