Im currently starting procedures to take the DVLA to the magistrates court over reinstating my hgv licence. Im 30 years of age no health problems at all last november i had a fit on my computer after a long drinking session(Problems at home our baby born 2 weeks early underweight and severe hearing loss in both ears). i went to the doctors to please the wife and kids and he refered me to a neuroligist at the hospital ive had 3 scans Mri scan eeg Scan and a sleep deprieved eeg scan all results have come back no problem at all the specialist has discharged me from the clinic.
He has put it down to alcholol related stress seizure. I have put an advanced medical report to the dvla what they requested as well as blood tests and liver tests all have came back fine no problem at all. The specialist is happy for me to drive a hgv vehicle.
However the dvla have decided now they wont even look at all the medical evidence they have recieved from my doctor and solicitor ive started court procedings against the dvla my transport solicitor is confident that i have a good chance but has warned me if i lose its between £8000-£12000 legal fees. My specialist from the hospital is going to write a report stating he is happy for me to drive a hgv and may be prepered to be called to court.
I know i may get negative views but all views are appreciated
Dont go to court lose my house in 7 months
Do nothing lose my house
What have i got to lose
If a decision is taken by the DVLA to revoke or refuse a licence, there is no internal appeals procedure at the DVLA.
However, the applicant can ask them to reconsider their decision. If there is further medical evidence available this should be sent with the request to reconsider. At this stage the evidence will be considered by a medical panel.
If such a decision is taken to refuse or revoke a licence, the DVLA promises that they will give its reasons for the decision in writing. They will also give notice of the right of appeal to a magistrate’s court**.
An appeal (called “a complaint”) to a magistrates court must be made within six months. However where the applicant declares a disability which requires mandatory action under the regulations there is no right of appeal.
The applicant must establish his/her case “on the balance of probabilities” which means that s/he must satisfy the magistrates that on balance s/he is more likely to be right than the DVLA.
This will almost certainly require evidence from a medical expert for the applicant, which may be difficult to fund, as legal aid is not available. A local citizens’ advice bureau may be able to offer some free advice and assistance.
The courts have little experience of these sorts of applications. However, the making of the application itself requires the DVLA to review its decision to be sure that they can uphold it, which can result in the return of the licence before any hearing takes place.
The DVLA will attend any court hearing and they are likely to be represented by a lawyer. If the applicant loses his/her appeal then the DVLA will probably ask for an order that the applicant pay any legal costs they have incurred.
When a person recovers from their period of ill-health they can re-apply for a licence. The DVLA will ask for medical evidence again to confirm that the applicant is fit to drive. It may be necessary to have been well for a number of months before the DVLA will be satisfied that the applicant’s health is stable. The DVLA will also want to be satisfied that the applicant’s ability to drive will not be affected by medication. If the person is still taking medication any medical report should address whether this is likely to interfere with their ability to drive.
Thanks for taking the time to write on my post guys like to see peoples views on this matter.
When the actual appeal was launched via my solicitor in April the solicitor made it clear in writing im appealing for my car and hgv licences back as a matter of urgency we enclosed all the medical evidence results as well as an in depth medical report from the specialist and was sent off to the dvla regarding the appeal.
The Dvla have never responded to my solicitor they sent me a letter confirming they have recieved my documents ive had no other letters from them at all. After ringing several times asking how long its going to take they confirmed they have wrote to my gp asking for 3 year health report as well as blood tests to see if my lungs are functioning ok. The results have came back fine and the gp and myself both faxed the reports off to the dvla.
Only when i rang the day after to make sure they had recieved the medical report and i asked how long it will take to be proccessed that she stated they wont even review my hgv licence even with all the evidence ive provided. My solicitor had clearly stated were appealing for both my licences back as soon as possible.
If spoken to my solicitor yesterday who said this is not uncomman of the dvla there reluctant just to hand a hgv licence back he has suggested another medical and private report from the specialist stating he is happy for me to drive a hgv (which the specialist has agreed to) and will consider be called to court if it will help.
The solicitor has also wrote to the magistrates court and is seeking a date and time for the hearing to go ahead.
Im currently looking into our insurance policys to see if were covered but not 100% sure at the moment will update as soon as
I knoe most people will say give up and get another job but this is the only job i know and a min wage job wont half cover my bills or provide for the 3 kids i have so i need to fight this case if i dont i will lose the house next year if i lose the case in court will lose everything so i need to fight this and was wondering if anyone has actually took the dvla to court and won. My solicitor has been successfull in the past and is confident we have a good chance
If anyone wants the date and time of the hearing in court im happy to disclose as soon as i know more thanks for your imput its appreciated