Hello there!

I'm after some advice after the following incident.

In 2003 I received 6 points for speeding & had my day in court. I was guilt & didn't attempt to persaude the court otherwise. At the time I had lost my paper license, so could not surrender it to have the points added.

Just before the year had elapsed whereon the DVLA revoke your license, I phoned the DVLA to discuss the issue (I would be unable to get an application out in time) I was advised that this was not a problem and that I did not need to hold a physical license in order to be entitled to drive, I thought nothing further of it.

Early 2005 I get pulled over by the police & issued with a producer. I produce my docs & explain that I don't hold a physical license, as the DVLA explained to me that I don't need to. Fine says the woman at the desk, we just check your details with the DVLA anyway, so that won't be a problem.

I think nothing further of it.

6 months later I recieve a phone call from the officer who stopped asking for a phone number for my insurance details, I ask why & he explains they are going to prosecute me for driving with no license and insurance as the DVLA have revoked my license. I provide the officer with the details.

I phone the DVLA and they tell me my license has been revoked, I ask why I was not informed about this and they tell me I would have received 3 letters warning me. I received nothing. I explain that I had been told I did not need a physical license to be entitled to drive, so as far as I was concerned no further action was needed, they counter this saying that "no-one would have said that". I ask for details of the letters that had been sent to me, and for details of the phone conversation I would have had. They explain that they cannot provide me with these as they do not keep records for any longer than 12 months.

I receive a phone call from my insurance company & explain the situation, they remind me of the terms of my insurance

In the meantime I apply for a new license. I use the post office "check and send" service to ensure that it is dealt with quickly and to make sure no errors have been made. The fee for renewing a license (after revokation) is £38 plus £4 for the check and send serivce. I pay using my switch card.

About a week later I receive my new photocard license. It has the wrong name on it & also an incorrect postcode.

A few days later I receive a refund of £38.

I know have a court summons for driving with no license.

Anyone have any advice?

Cheers!
Ren

This is a bit confusing a the start of the story. Were you banned through having 6 points as a new driver?

I am assuming that the OP's offence fell within two years of him passing his first driving/riding test. If so then they should follow the procedures in the New Driver's Act:

http://www.opsi.gov.uk/acts/acts1995/Ukpga..._en_3.htm#sdiv1

Basically it seems that the licence can be revoked by them without them actually having possession of the licence, so that was my first think to look for.

Secondly, it says that "the Secretary of State must by notice served on that person revoke the test certificate."

To my mind, the revocation is the actual physical notifcation of sending the notice, they can't just say "bing, it is revoked", however you should seek professional legal advice to clarify this. I am pretty sure that they do actually keep records of the letters, even just as an audit trail on the computer system, however this is obviously not proof that the letters left the building with the correct address. Proving anything different could be tricky!

One question: Have you changed the address on the DVLA computers or have you moved house and used a redirection service at any point since then?  There seems to be many problems where people have missed important paperwork because it is unable to move through redirections.

As for insurance, that could be determined from the outcome of the licence issue. Either way the confusion of the revocation is good mitigation. I have read the law previously and you were CORRECT in continuing to drive until notified of revocation, it is not something decided in court

Finally, you seem to be confused at the outcome of a revocation - it basically sets you back to provisional status and you need to apply for a theory and practical test. I'm not sure what you have done so far but considering the DVLA regard the licence is revoked there's nothing stopping you from getting your licence back as soon as you can book another test - get calling around the practical test centres to find a cancellation, and get an hour with an instructor to check you haven't picked up any bad habits.

Gareth

Thank you very much for the information!

Perhaps I was not clear enough in my story. I was not disqualified on receiving 6 points, neither am I a new driver, I had already been driving for 6 or 7 years by this point. I had lost my paper license (should show you it's a fair while ago ) and so was not able to surrender it.

I have not changed address in 15 years either, not have I ever used mail redirection.

I have acutally applied for and received my new full UK drivers license, but (and this may help me in court) with the wrong name (no apostrophe where there should be - my fathers has one, mine does not) and where my fathers has the correct postcode, mine is incorrect (we live at the same address) - this may explain the mail not being received?

I have my summons to return along with my means testing form, but am unsure how to plead...

I will seek legal advice ASAP, but any pointers in the meantime are appreciated.

Thank you very much for your help already

Cheers!
Ren

It sounds like the paperwork from them went to the wrong place, may be worth checking with them exactly were they did send it, if they do not keep records then that may be in your favour as hey cannot prove what hey did (right or wrong) - , but you will need a good solicitor for this one.....

Re-reading your posts I don't think you have mentioned the first question you should have asked...WHY (was the licence revoked)...not for the 6 points, so why? Also why did they refund you're renewal fee...it sounds to me like they crocked up, revoked it when they shouldn't and have unrevoked it (hence refunding the fee) conveniantly forgetting to tell you (or the police) you were legal after all...or am I making 2+2=5?

Simon

AIUI, it is quite normal for a licence to be revoked if it is not surrendered to have points applied.

IMHO, the OP should have immediately applied (after the court case) for a replacement licence.  This could then have been surrendered (albeit late) to have the court's decision recorded.

I'm afraid that this all sounds to me like the OP was  'trying it on' in not surrendering a licence and hoping that it would all go away.

And....I won.

Defended myself in court, case withdrawn.

Thanks for the advice!

Cheers!
Ren

Wow, sounds great. Can you explain how you won, did you just explain that you hadn't received the revocation?

Gareth

we want to hear the full uncensored account