DVLA/VOSA Robbed me of a weeks work :( HELP!

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

Following on from my last thread about having problems getting my Malfunctioning Digi Tacho card back I’ve spent this morning on the phone to the DVLA and VOSA.

The DVLA are of course very apologetic and told me that they had a huge backlog and only managed to get my replacement card issued on the 20th (Yesterday) so its probably being sent out today, despite it being received by them on the 11th. Due to the bank holidays etc they have been advised to tell everyone that anything out in the post now may not arrive until the 28th (ish) or possibly early May.

I’m due to work Sunday - Thursday and the DVLA said they were very sorry but as I haven’t got my card and my 15 days are up I couldn’t possibly do that, and I should speak to VOSA.

Spoke to a poor girl at VOSA who tried to be helpful but she said if I didn’t have my card and it was over the 15 days I couldn’t drive at all (all the vehicles I drive are Digi) and I’d simply have to wait. I can’t afford to loose a weeks work unpaid and told he as much but she just kept touting the line of no working without a card and no exemptions to be made.

I asked to speak to her manager and after a bit of time on hold the girl came back and said that she’d spoken to her manager, they wouldn’t speak to me as they could only tell me the same thing and she’d been advised to put a note on the records that they had explicitly told me I couldn’t drive after the 22nd until I was in possession of my new card.

She then suggested I spoke to my local enforcement office and she’d put me on hold while she tried to get me transferred, 5 minutes later she comes back and said she’s spoken to them too and they wouldn’t take the call as they could only tell me the same.

After some more begging and pleading she agreed to give me the phone number of my local enforcement officer but they probably wouldn’t be able to help. I haven’t been able to get hold of them yet.

So because of the DVLA’s incompetency I’m out at least a weeks work possibly two, which amounts to my mortgage payment for the month.

It apparently isn’t VOSA’s fault as the DVLA have an agreement with them that all replacement cards will be issued within 5 days of receipt of the application. The DVLA say its not their fault I can’t drive as they had a backlog and they don’t enforce the rules so VOSA have to sort it out.

I can’t just drive and argue if I get pulled as it’s on record I’ve been told not to drive after the 22nd.

Any bright ideas anyone?

As the saying goes, I’m up a certain creek without any means of propulsion!

Alex

2

No idea mate, but if mortgage depending on it and it’s not your fault, I’d ■■■■■■■ drive, keep print out’s, logs etc, and if anything should come of it, go to court over it, hopefully there’ll be a HUMAN being at the other end, with bills and who requires food etc.

3

Personally I’d just drive, if I got stopped and fined I’d let it go to court and let a judge decide wether the DVLA have a case to answer.

4

Get your boss to send then a massive bill for your weeks wages and the agency bill for your replacment. They will soon send it then!

I sent my application for a new one in on a monday about a week back and it turned up on the saturday so less than 5 days.

5

switchlogic:
Personally I’d just drive, if I got stopped and fined I’d let it go to court and let a judge decide wether the DVLA have a case to answer.

Agree with Switchlogic, whats the chances of getting pulled anyway? Been driving for 20+ years and can count on one hand the amount of times I’ve been stopped.

PS. It really revs my clock off how nobody will take reposibility for their error!

6

Well I’ve just got in touch with the local head VOSA bod in charge of the crews out on the road.

He said that after 15 days it becomes a “Driving without recording hours” offence, with a 200 fixed penalty and a 48hr prohibition.

Generally his advice would have been that its down to the discretion of the officer if that is issued or not, as long as sufficient records have been kept and you are obviously not taking the pee.

HOWEVER, last week the DVLA and VOSA’s Policy department issued an internal memo to all officers that as a huge backlog had mounted due to the re-issuing of expired cards for the end of this month then the 15 day must be enforced strictly to avoid people abusing the delays.
He says if I’m stopped in the next couple of weeks, all the crews will have this memo in the car and in his opinion I’d likely get both the FPN and the Prohibition no matter what my excuse, just a case of bad timing.
He did say I could carry his number with me, if I get stopped they could ring him and confirm I’d spoken to them but he’d only be able to say that he advised me not to drive.

I’ve tried ringing the DVLA and asking them to send me an email or something I can carry to say my card has been issued, but they wont.

Like I said I’ve got bills to pay, and only ever been stopped twice before, but its going to be a ruddy nerve racking time till that bit of plastic arrives!

Seems an entirely stupid situation!

7

That’s disgusting, Dvla can’t provide the service they told vosa they could so they tell the enforcement officers to make sure they punish the driver for Dvla incompetence, the memo should of said to give the drivers a break for once. If he had been taking the ■■■■ it’s their own fault and should get their house in order.

8

Imp:
Get your boss to send then a massive bill for your weeks wages and the agency bill for your replacment. They will soon send it then!

I sent my application for a new one in on a monday about a week back and it turned up on the saturday so less than 5 days.

Government office. More chance of platting fog.

9

switchlogic:
Personally I’d just drive, if I got stopped and fined I’d let it go to court and let a judge decide wether the DVLA have a case to answer.

Agree with Wiggy. Make sure you keep a record of who you’ve spoken to and what’s been said, including names etc, then if the ■■■■ does hit the fan you can slap the whole lot on the magistrates desk and tell them to get [zb]ed.

The only problem I can see apart from that is whether your company will let you drive without a digi for so long. I wouldn’t have thought they’d let you.

10

Bloody hell what a performance im glad im out of it,and to think i used to call the old tachos.
regards dave.

11

Go to CAB, as for a free half hour consultation with a solicitor, see if you have a case for compensation against the DVLA, then get your boss to do the same so he can claim for agency replacemen t!

12

truckerjon:
Go to CAB, as for a free half hour consultation with a solicitor, see if you have a case for compensation against the DVLA, then get your boss to do the same so he can claim for agency replacemen t!

I imagine that would be a wasted 30 minutes on both parties behalf, this is transport law and a government department. I reckon the first words out of their mouth are that it is a vocational licence, not a god given right.

I would go for the wing and prayer approach, then take my chance in court if I crashlanded.

I remember a sentence that used to be used in driving licence cases.

“As long as you hold, have held or are not prevented from holding”

13

That is truly ■■■■■■■ shocking! You could always try one of those useless ■■■■■ known as MPs… :smiling_imp:

Maybe an email to Road Transport might elicit a better response?

14

44 Tonne Ton:
That is truly [zb] shocking! You could always try one of those useless [zb] known as MPs… :smiling_imp:

Maybe an email to Road Transport might elicit a better response?

i would just drive the vehicle if you do early starts say 3am and stop at 10am you wont get a pull the ball is in your court i carry on driving sv

15

44 Tonne Ton:
That is truly [zb] shocking! You could always try one of those useless [zb] known as MPs… :smiling_imp:

Maybe an email to Road Transport might elicit a better response?

I almost hate to say this but this might be right up The Suns’ street?

I feel ill now…

16

Rob K:

switchlogic:
Personally I’d just drive, if I got stopped and fined I’d let it go to court and let a judge decide wether the DVLA have a case to answer.

Agree with Wiggy. Make sure you keep a record of who you’ve spoken to and what’s been said, including names etc, then if the [zb] does hit the fan you can slap the whole lot on the magistrates desk and tell them to get [zb]ed.

The only problem I can see apart from that is whether your company will let you drive without a digi for so long. I wouldn’t have thought they’d let you.

This^

17

Got a record of everything, names etc and a list of them to call to confirm should I get stopped.

Strangely my local MP is the minister for transport, so I’m going to go to his Saturday constituency surgery this Saturday morning and ask him to sort it out, he’s been rather useless in the past and I’ll be interested to see what he says.

Would do him no good at all if he couldn’t help out would it?

18

Scarab:
Got a record of everything, names etc and a list of them to call to confirm should I get stopped.

Strangely my local MP is the minister for transport, so I’m going to go to his Saturday constituency surgery this Saturday morning and ask him to sort it out, he’s been rather useless in the past and I’ll be interested to see what he says.

Would do him no good at all if he couldn’t help out would it?

Why not invite someone from the gentlemen of the Press to attend?

19

Scarab:
Got a record of everything, names etc and a list of them to call to confirm should I get stopped.

Strangely my local MP is the minister for transport, so I’m going to go to his Saturday constituency surgery this Saturday morning and ask him to sort it out, he’s been rather useless in the past and I’ll be interested to see what he says.

Would do him no good at all if he couldn’t help out would it?

Only one thing to add , no chance at all of you driving with an anologue tacho ? Also , Im confused , you get to talk to your MP ,a government mimister noless, on easter saturday ?!! Shouldnt he be at home doing his exes ?

20

Sadly the oldest vehicle on the fleet at the moment is a 2009 so no Digitacho. I am actually an agency driver but its a pretty sweet semi-perm posting and I’m really enjoying it, asking to be moved to something else would be shooting myself in the foot I fear :frowning:

Yes he is working on an easter Saturday, I was amazed too, but I believe he likes to feel important and use the old ceremonial Merc as often as possible.

Alex