DVLA Coronavirus (COVID-19) update: DVLA are now processing paper applications, however these will take longer to process as the DVLA are working with reduced staff to meet social distancing requirements. If your application requires medical information or examinations there are likely to be delays also.
Click here for more information
.

Convicted Driver Insurance

Compare quotes from leading drink driver insurance specialists in the UK

Get Quotes

Dvla working out of own guidelines

adlee1

Member
Hi has anyone heard of anyone taking the DVLA medical to court and winning and getting compensation because the DVLA haven't worked within their own guidelines and keeping the person out of work for a year.
 

Honestman

Well-known member
Yes, the last person on the forum to take DVLA to court cost them £6000 and lost, DVLA never lose....
 

price1367

TTC Group
Court is a not a starter, as Adlee1 says, and even if you won, the magistrates would be limited to saying you should be given your licence back. They have no power to award compensation for having no work, how would you prove that you could not have sought other employment that did not involve driving?
Have you been through the complaints stages set out on the DVLA website?
 

adlee1

Member
Yes, the last person on the forum to take DVLA to court cost them £6000 and lost, DVLA never lose....
If the dvla are not working within their own guidelines how and accept a doctors report that's unsigned by the do
Court is a not a starter, as Adlee1 says, and even if you won, the magistrates would be limited to saying you should be given your licence back. They have no power to award compensation for having no work, how would you prove that you could not have sought other employment that did not involve driving?
Have you been through the complaints stages set out on the DVLA website?
No I haven't yet , but all the evidence I have sent them so far has just been ignored, evidence that ripped the doctor's report apart and the 4 CDT negative cdt test throughout the year I have sent them to show I haven't been drinking and a letter from my boss of 2 years to say theres never been a problem, I'm a motorcycle courier and have been all my life should I change my career because a doctor got something wrong and the dvla has just ignored the evidence
 

adlee1

Member
If the dvla are not working within their own guidelines how and accept a doctors report that's unsigned by the do

No I haven't yet , but all the evidence I have sent them so far has just been ignored, evidence that ripped the doctor's report apart and the 4 CDT negative cdt test throughout the year I have sent them to show I haven't been drinking and a letter from my boss of 2 years to say theres never been a problem, I'm a motorcycle courier and have been all my life should I change my career because a doctor got something wrong and the dvla has just ignored the evidence
Sorry I forgot to say I've already had my license back for 2 years ,it was a new doctor I had that sent the report back ,that he didn't even sign or date ,the dvla never questioned him just revoked my license
 

price1367

TTC Group
But how can you consider going to court if you have not been through the complaints procedure stages. I am not being unsympathetic, just that there are stages to follow and you need to do them.
I am not telling you to change your job, just showing you what would be asked if you tried to get compensation. (which you can’t anyway)
 

adlee1

Member
But how can you consider going to court if you have not been through the complaints procedure stages. I am not being unsympathetic, just that there are stages to follow and you need to do them.
I am not telling you to change your job, just showing you what would be asked if you tried to get compensation. (which you can’t anyway)
I'm just asking ,I'm already going to court ,you have to show you have a case to the magistrates, and show them evidence which I have already done ,before they let you appeal, my solicitor has already wrote to the dvla and they still ignored the evidence, apparently this is happening all the time with the dvla,I was only asking that's all,the dvla have no new evidence since the day they gave me my license back and they accepted the doctors report which was not completed properly. A 2 year old could have done better .thanks anyway
 

price1367

TTC Group
God luck. As has been indicated, DVLA defend these cases vigorously and one person reported that the costs that DVLA applied for, and the person had to pay when they lost, were £6,000.
in a report to the medical panel last year, it was reported that over the previous 6 months they had defended every application to the court to restore a licence refused on medical grounds, and they had won every case.

I wish you luck but before you carry on with the court case, and your solicitor costs, I suggest you ask the solicitor how many cases of appeals against the medical withholding of a licence they have dealt with, and how many of them they have won.
In my view you should have gone down their formal appeals process before considering going to court. f course a solicitor is not going to advise that because they do not earn any money! That process is free and does not even need a solicitor.
Having a solicitor is costing money, and the potential cost if you lose in terms of the DVLA costs you will have to pay are considerable.
 

BigTom

Well-known member
I'm just asking ,I'm already going to court ,you have to show you have a case to the magistrates, and show them evidence which I have already done ,before they let you appeal, my solicitor has already wrote to the dvla and they still ignored the evidence, apparently this is happening all the time with the dvla,I was only asking that's all,the dvla have no new evidence since the day they gave me my license back and they accepted the doctors report which was not completed properly. A 2 year old could have done better .thanks anyway
Bitterness and stubbornness is just going to cost you money. Give it up, you have your licence back now which is what you wanted so you have already got the best outcome. Even if you did get to court and miraculously won (which if I understand correctly NOBODY ever has), what outcome are you looking for? You WILL NOT get compensated, the courts would only say that you should have had your licence back earlier and the Doctor had made an error of judgement. Licences are a privilege and not a given right, the only winner here will be the solicitor who will be paid whatever the outcome....

Convicted Driver Insurance

Compare quotes from leading drink driver insurance specialists in the UK

Get Quotes
 
Top