Fighting the Dvla in Court Hgv License

After suffering a Alcohol stress related seaizure at my home on the 14th october 2012 as a matter of precaution i went to the doctors and told him what had happened. He reffered me to a neuroligist at the hospital where i had an eeg scan eeg sleep deprieved scan as well as a mmr scan of the brain. All scans are ok and the specialist discharged me and is happy for me to drive a hgv vehicle after 12 months as i have as much chance of having a repeat as any other person.
I reported this to the dvla the day i left the doctors who suspended my licenses with immediate affect they clearly stated when i have medical evidence to prove im well enough to drive they will look at it again as a seperate case and their medical panel will decide if im fit enough to drive.
I got additional in depth medical reports off the specialist and send my appeals for both my licences in april i was assured they are reviewing my licences and will be informed within 6 weeks of the outcome. The dvla requested reports on my liver as well as a blood test i was happy to do this and everything has came back all clear and results forwarded to the dvla medical team.
I telephoned them last week to see if there was an update and the person from the dvla said there is no way of appeal for my hgv and i need to go to the magistrates court to appeal this. Im being told that many differant things by the dvla i dont know where i stand anymore. Ive seen a solicitor as well as my local mp who have both taken the case on and the mp had a response of the dvla chief executive within 24 hours. With the medical evidence i have as well as the dvla requested blood reports would they ask for all this evidence just for my car licence?
Ive been told by the dvla not to go to court as it will never be overturned and i will be left with legal fees between £12000-£15000 anyone have any views on this please?

It was an alcohol stress related seizure due to my son being induced 2 weeks early due to his size, Then with severe hearing problems and to top it off my wife having a 6 month affair with a family member i had an all day session in the pub (which is deeply regretted) will appriciate all you views on this matter please before going to court.

djduck22:
After suffering a Alcohol stress related seaizure at my home on the 14th october 2012 as a matter of precaution i went to the doctors and told him what had happened. He reffered me to a neuroligist at the hospital where i had an eeg scan eeg sleep deprieved scan as well as a mmr scan of the brain. All scans are ok and the specialist discharged me and is happy for me to drive a hgv vehicle after 12 months as i have as much chance of having a repeat as any other person.
I reported this to the dvla the day i left the doctors who suspended my licenses with immediate affect they clearly stated when i have medical evidence to prove im well enough to drive they will look at it again as a seperate case and their medical panel will decide if im fit enough to drive.
I got additional in depth medical reports off the specialist and send my appeals for both my licences in april i was assured they are reviewing my licences and will be informed within 6 weeks of the outcome. The dvla requested reports on my liver as well as a blood test i was happy to do this and everything has came back all clear and results forwarded to the dvla medical team.
I telephoned them last week to see if there was an update and the person from the dvla said there is no way of appeal for my hgv and i need to go to the magistrates court to appeal this. Im being told that many differant things by the dvla i dont know where i stand anymore. Ive seen a solicitor as well as my local mp who have both taken the case on and the mp had a response of the dvla chief executive within 24 hours. With the medical evidence i have as well as the dvla requested blood reports would they ask for all this evidence just for my car licence?
Ive been told by the dvla not to go to court as it will never be overturned and i will be left with legal fees between £12000-£15000 anyone have any views on this please?

It was an alcohol stress related seizure due to my son being induced 2 weeks early due to his size, Then with severe hearing problems and to top it off my wife having a 6 month affair with a family member i had an all day session in the pub (which is deeply regretted) will appriciate all you views on this matter please before going to court.

are you sure of the date?

Sorry thanks for that was october 2011

if u have had seizure your basically zb’d unless u lie to them which now a days wouldnt take long to be found out i am in similar situtation got all evidence and still wont admit there is nowt wrong i cant afford court route and also by time it would come to court it would be near enough time to apply for my hgv

I have had a seizure although not alcohol related the dvla did revoke my licence had similar test to you sent everything off to dvla as did my consultant with her report again this was just for my car + 7.5t licence

Few month later had a medical for HGV which I passed ok sent licence to dvla again they took there time every time I called them was told something different but after approx 5 mth I did get my licence back was a long struggle but got there in the end

This has al been documented in the Health & Family forum on here if you care to look

Thanks for the responses im getting the same as you differant information all the time what ■■■■■■ me off is both my specialist and dvla have both said im medically fit to drive a hgv but dvla are saying i must put the evidence in the magistrates court.

djduck22:
Thanks for the responses im getting the same as you differant information all the time what ■■■■■■ me off is both my specialist and dvla have both said im medically fit to drive a hgv but dvla are saying i must put the evidence in the magistrates court.

I would of thought stuff like this would Lie at the hands of the traffic commissioner’s yes or no, since It’s actually them who are dictating the rules and the DVLA who administer them!

Surely the moral of this story is that if you’ve had an ISOLATED alchohol stress related seizure, don’t tell anyone?

Maybe what you should have done (with 20/20 hindsight) is take a couple of weeks off due to stress induced by your circumstances. It would have given you a chance to get over your problems without involving the H&S bs that says in a case of the slightest doubt them stop them driving.

Sorry for your circumstances.

The less you tell any of the Feds, the better.
They all have a ‘one size fits all’ mentality :imp: Yet at the same time, they expect us to do exactly as they say…Well, not for this one matey.
I have and will continue, to cause them as much distress as is humanley possible, by merely playing them at their own game.
In my life, it is a two way street, it is called balance.
You never trust anyone, who is employed by any sector of the Government, be it local or State level…Period!

like its been said, You should have kept shtum.
Too late for that now.
I wouldn’t expect magistrate court costs to be in the thousands. It’ll simply be a standard fee like you would pay when you appeal for your licence to be returned early after a ban.
The best thing to do would be to go in person to your local magistrates court, Ask to speak to the court clerk, They will have seen similar things before, They will then have a word with the duty solicitor.
If you have no joy “which i very much doubt”, Then speak to your traffic commissioner.

You wasn’t banned for driving five times over the limit on the m25. You’re being treated like a criminal that did though.

good luck.

As I understand it, from October neither side will be able to claim costs for a magistrate court hearing.

If they want to send a brief along to deprive you of your living at vast expense that is actually likely to make the magistrate more sympathetic to you…although of course he still has to be guided by the law.

Only an opinion, but there must be a set of criteiria under which the medical panel consider your case, that being so under Freedom of Information law you are entitled to veiw this information, and any other information or correspondance directly related to you. I dont know how you go about this, but if you know what the criteria are then you will know wether you pass or not. if you meet the cfiteria to have your licence renewed, a magistrate would have no other option than to oedre this to be so, i think :wink:

Not always that easy to keep quiet as when all this happened to me it was my Dr that informed DVLA then my licence was revoked which I had to fight to get back took a while but I did get there in the end

You would think that there was a criteria but you dont know it & they dont tell you each time you call them they give you different info as it is only the person at the end of the phone as they wont put you through to the medical department

animal:
Not always that easy to keep quiet as when all this happened to me it was my Dr that informed DVLA then my licence was revoked which I had to fight to get back took a while but I did get there in the end t

thats low

You would think that there was a criteria but you dont know it & they dont tell you each time you call them they give you different info as it is only the person at the end of the phone as they wont put you through to the medical department

There must be a written criteria, that is available to you through FOI laws.

Thanks for all the comments appreciated will see what solicitor says getting costly have no option thou as house is at stake!! just wish i didnt do the so called right thing and report it

djduck22:
Thanks for all the comments appreciated will see what solicitor says getting costly have no option thou as house is at stake!! just wish i didnt do the so called right thing and report it

have you been to the magistrates court to check what’s what?

Yeah, should’ve kept it under your hat. The powers that be don’t give a toss about you & your mortgage, it’s all just a box ticking exercise for them.

Thanks for responses ive instructed a transport solicitor who is taking the case on for me good news is dvla have wrote to me and i now have my car licence back. Biggest mistake of my life was reporting this but i took the wifes advice and went to the doctors to get the all clear and now im suffering. Shocked how the dvla wont even look at my case an automatic 5 year ban when they agree with my specialist i am medically fit to drive a hgv vehicle. does anyone know if an hgv has ever been granted back in court?

I would be knocking on the door of my MP by now.

Maybe he already did that? :open_mouth:

djduck22:
Ive seen a solicitor as well as my local mp who have both taken the case on and the mp had a response of the dvla chief executive within 24 hours.

OP if you are struggling to meet mortgage payments, whatever you do, don’t just miss them. Speak to your mortgage provider & explain the (temporary!) circumstances.