no but it is their job to make sure you are 100% legal i would say. you notified them you did what you thought was right. if no one bothered to pass on messages etc etc thats not your issue
not according to DVSA printout and its their unwavering position, theyâre not budging.
At this point Iâm thinking of getting legal advice, do you guys think itâs worth it? also any referrals for a decent lawyer would be greatly appreciated.
Donât waste your time chap. Itâs horrifically expensive, and unless you got to the point of an employment tribunal (very unlikely, as they appear to have made this watertight), you have very little going in your favour. A solicitors hourly rate is around ÂŁ300 per hour, and a paralegal ÂŁ150.
If youâve legal cover on a home insurance policy for example, they maybe call them, as they often offer over the phone legal advice. Personally I would say â â â â them, shake their hand and find a different horse on this merry go round.
Thatâs if it comes to that, though. As @robroy summed up perfectly, itâs hardly a capital offence, so â â â â knows why theyâre so far up ya!
If they can let you drive if youâre card is faulty or lost i canât see a problem with regulation
Itâs the forgetting to renew and still driving thatâs the problem, although you say you have that covered because you asked
Canât really see a major problem isnât the machine still recording everything
Some will say you should never be allowed drive a truck again, others will say you should have used your head and said you lost or misplaced it, and others will say donât be worried just enjoy paid time off
That is correct, however the company are dodging the issue that the line manager was told before the card expired that expiry was imminent and (s)he failed to raise the matter with the Transport Manager. He should then have either suspended you, allocated non driving work, or asked you to take holiday.
As has been mentioned there is a record of your activities for the relevant three days. Although it is an âabsolute offenceâ, there doesnât appear to be any intention to deceive. I cannot see that dismissing you for gross misconduct is either justified or achieves anything to benefit you or the company. The company are still causing or permitting an offence because they donât have a monitoring sytem in place for driversâ digicard expiry.
As for the company possibly thinking this will go away after 28 days, yes it may well possibly roadside, but driversâ hours records have to be kept for 12 months.
Iâd be digging my heels in here. Yeah you screwed up by letting your card lapse, with all due respect you are a grown up now and are responsible for your actions. However, the company should have known better, and in the old days they would have done. Today though you have rafts of pointy shoed middle management who have been promoted waaaay beyond their abilities, and as such they will be desperate to be seen âto be doing something â.
Personally speaking if they sack you Iâd then be contacting a transport focused legal firm and taking them for constructive dismissal.
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Yeah got the bootâŚoh well
Keep on truckinâ 
They just wanted to make sure I wasnt stopped thats why the suspension for exactly 28 days (Sept 15-Oct 13), they minimized their chances of being audited.
Ok start another job (plenty out there) with the money they paid you for stsying at home, and move on.
Did you leave them with a head held eye parting shot?
Oh yeah and get some legal advice to see how you stand for screwing more money out of them for maybe unfair dismissal.
As I often say when my lot give me grief then expect something done over and above what they pay me to do..
ââF. emââ
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oh yeah Iâm definitely taking this to court. I told the cun.t Iâll be seeing him soon, the fact they didnât stop me is not only breach of contract but breach of H&S.
They broke three laws by allowing me to drive after I sent them incorrect ref number (that starts with TA): Licence Checks - Driver Licence Checking - Drivetech (ADLV)
I found a similar case Wincanton plc v Atkinson and another [2011] UKEAT/0040/11 | Croner-i where two geezers were driving without ADR certification, but the major difference is that they havenât even applied, while I applied and submitted ref number. (Im guessing they knew they wouldnât pass medicals.
And itâs not even about the money, Iâm gonna get back there and rub it in their noses.
Thanks mate.
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Make sure the traffic cominsoner knows about it as well
No need to notify TC, itâs not a conviction
You definitely need legal,advise. The quotes you gave relate to driving licences, not tacho cards, so you could drive the vehicle but couldnât keep records. .
If th6 followed their procedure youâre fairly mullered
And if youâve been with them for less than 2 years!!,
ââNo win no feeââ
Nothing to lose and anything you may win is a bonus.
No fee, but youâre still up for any costs.
About the company
Usually the caveat of no win - no fed is once you sign up you have to go the full distance. If you then back out. You end up paying ALL costs and when theyâd charge a couple of ÂŁ00 an hour thatâs suddenly a lot.
couple years ago I won unfair dismissal from a bakery they tried to force me to take unroadworthy lorry when I refused they sacked me. I settled for 5k but solicitor took 25% on no win-no fee.
if I can prove that their negligence from not checking my digicard validity and allowing me to drive constitutes breach of H&S, I have a case.
Not sure how having a valid digits is an H&S issue. Itâs funny how everyone hates anything H&S until it suits them!!
Not sure why they felt they had to do the 28 day â â â â , as an audit is just that, an audit. Theyâre required to keep that data for 2 years anyway. It would stick out like a purple helmetâŚ.
Being stopped in that time would just accelerate their arse being tanned. A fine for you, and a likely PI for themâŚ
But, Iâd say the fact they did that, to essentially hide it, works in your favour. But to be fair, youâre fighting an uphill battle. But as youâve got form for an Employment Tribunal anyway, â â â â it, crack on pal, weâre all rooting for ya! 
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You could turn â Kingâs Evidenceâ by using the whistle blowerâs line to DVSA and finding out your likely penalty from them. Youâll get a fine lose a day at the PI and expect the compny to lie through its teeth regarding the line manager. May not be a good thing career wise if this is a haulier rather than a conglomerate. Then if sucessful you go for wrongful dismissal.