Lodging an appeal in magistrates ct against dvla

Has anyone on the forum gone as far as lodging an appeal in the Magistrates’ Court against the DVLA for revocation of licence. They have one everything they can not to give me my licence back even though the grounds are dubious and so I’ve lodged my appeal and it due to be heard on 5 Janaury.

No direct experience, but I’d say you’d absolutely have to have a good, clued-up specialist transport solicitor to argue your case, there’s virtually zero chance that the beak would rule in favour of you personally against the DVLA’s solicitor.

Some were there will be cases, ? v DVLA, All court records are available to the public.
This one is from a firm that deal with appeals. http://www.motordefencelawyers.co.uk/motoring-offences/medical-revocation-of-license/

Case Study

Successful Challenge of Medical Revocation of Driving Licence by DVLA - Fred’s Story

HGV driver Fred Dixon suffered an episode of Cough Synchopy and following a report from his GP his driving licence was revoked by the DVLA for a minimum period of 5 years on the grounds that he was unfit to drive and his driving posed a danger to the public. Fred did not accept this and facing the loss of his livelihood, contacted solicitor Hojol Uddin at Caddick Davies Solicitors.

Over the following months, Mr Uddin made extensive representations to the DVLA and expert medical reports were obtained to rebut the suggestion that Fred was unfit to drive. This work culminated in a formal appeal being lodged with the court and evidence being served on the DVLA. After seeing the strength of evidence which would be put before the court on behalf of Fred and despite the DVLA’s own guidance, the DVLA agreed that Fred’s licence would be returned.

Throughout the case Mr Uddin liaised with Fred’s employer who was sympathetic gto his plight and kept them updated as to our progress. As a result when Fred’s licence was returned to him he was able to return to full time employmet was a HGV driver.

To hear Fred’s thoughts on the expertise of Caddick Davies Solicitors and Mr Uddin in the field of DVLA medical revocation of driving licences, please read Fred’s Testimonial.

I lost my license through my gp putting 'dizzy spell(s) on my records, doctor worded it in a different way, dvla said 12 months recovery period, I thought like mad against there decision and threatened with taking them to court and 3 months down the line, the letter they sent back was intimidating, how big and strong the dvla is with it’s mega lawers and expert medical staff and I’d end up out of pocket having to pay all there cost’s because I wouldn’t win, I don’t know how I managed it but having getting another letter from my gp I got my license back after a week.

dreamlands2001:
I lost my license through my gp putting 'dizzy spell(s) on my records, doctor worded it in a different way, dvla said 12 months recovery period, I thought like mad against there decision and threatened with taking them to court and 3 months down the line, the letter they sent back was intimidating, how big and strong the dvla is with it’s mega lawers and expert medical staff and I’d end up out of pocket having to pay all there cost’s because I wouldn’t win, I don’t know how I managed it but having getting another letter from my gp I got my license back after a week.

Set of [zb] mate they are.

SteveBarnsleytrucker:
Set of [zb] mate they are.

You’d be screaming your head off if they didn’t revoke someones license because of a medical condition and they ended up killing someone.

Could you afford to, they have unlimited funds do you even if you win you end up paying. It’s like getting done for speeding or by VOSA if you have the money to risk you get off but they know it’s to much risk.

  • Conor:

SteveBarnsleytrucker:
Set of [zb] mate they are.

You’d be screaming your head off if they didn’t revoke someones license because of a medical condition and they ended up killing someone.

No I wouldn’t. I scream my head off at their incompetence and draconian measures where they decide to take no notice of a consultant and their views and test results that people are fine to carry on driving, consultants who have many more years experience in their field than the DVLA have but yet they still find it ok to revoke someone’s licence and ruin their livelihoods and not give 2 ■■■■■ what problems it could cause :unamused:
Oh and also their system where they only post 2nd class to yourself and the weeks on end it takes to get answers from them or the medical department, where they have you jumping through hoops and then some to get your license back. You pass their tests, what do they do? Give you more to do, pass them? Your still unfit to drive.
Maybe you should read into where the DVLA backtracked on there medical guidance for when setting the eye test standards and grandfather rights and where drivers list their licenses and livelihoods unfairly. Do you think the DVLA will compensate for their losses they incurred?
How can someone sat behind a desk in Swansea give you the answer that you are unfit to drive but yet has never seen you or the treatment you have undergone and also throw out the evidence from your consultant showing you are fit to drive as though it’s a bag of chips? They are a law unto themselves in my and a fair few others opinions.

They go on the evidence presented to them. In dreamlands case his GP said he had dizzy spells therefore they’ve got to act on that. Its not DVLA that was to blame for him losing his license in that case, it was his GP.

My neice had her license revoked because she gets palpitations. Turned out to be a good thing as she collapsed a couple of weeks ago from them.

Raybo has yet to expand on the reasons why but lets not let that stop you from sharpening your pitchfork. :unamused:

Conor:
They go on the evidence presented to them. In dreamlands case his GP said he had dizzy spells therefore they’ve got to act on that. Its not DVLA that was to blame for him losing his license in that case, it was his GP.

My neice had her license revoked because she gets palpitations. Turned out to be a good thing as she collapsed a couple of weeks ago from them.

Raybo has yet to expand on the reasons why but lets not let that stop you from sharpening your pitchfork. :unamused:

As I’ve stated they still don’t give licenses back even when evidence is presented to them showing your are fit to drive and you are no danger to the public or did you decide to skip that bit? I’ve no problem them revoking licences when there is evidence that a person is unfit to drive and is a danger to others.

SteveBarnsleytrucker:

Conor:
They go on the evidence presented to them. In dreamlands case his GP said he had dizzy spells therefore they’ve got to act on that. Its not DVLA that was to blame for him losing his license in that case, it was his GP.

My neice had her license revoked because she gets palpitations. Turned out to be a good thing as she collapsed a couple of weeks ago from them.

Raybo has yet to expand on the reasons why but lets not let that stop you from sharpening your pitchfork. :unamused:

As I’ve stated they still don’t give licenses back even when evidence is presented to them showing your are fit to drive and you are no danger to the public or did you decide to skip that bit? I’ve no problem them revoking licences when there is evidence that a person is unfit to drive and is a danger to others.

My licence was revoked because I am diabetic and have gone on to insulin…BUT…I am hyperglycaemic (high blood sugar) and all the guidelines, questions and examinations relate only to hypoglycaemia (low blood sugar) which carries a risk of blackouts, so they are using irrelevant criteria to judge hyperglycaemics. Even the ■■■■ Transport Minister has confirmed that the DVLA is concerned with hypoglycaemia.

However, my licence was not revoked because of the diabetes per se but because the DVLA appointed consultant stated that I did not test at least twice a day. A couple of points on this 1) GP’s stopped prescribing the testing strips to T2 diabetics(as per NHS instructions) so I missed 2 days testing until I got the prescription re-instated 2) the DVLA consultant who penalised me sat on the advisory panel in March that discussed the issue re testing strips 3) therefore, when I saw him in May he knew that there was a problem but did not highlight this in detail to the DVLA 4) and most importantly, the requirement for 3 months testing is not in law, it is advice only from the panel to the DVLA, and the DVLA have discretion in these kind of cases.

My GP confirmed to the DVLA in August that I had 3 months readings. DVLA took from the beginning of August to the end of October to even look at the paperwork…and then wrote back to my GP at the end of November to ask him to confirm I have 3 months readings. So I’m still waiting to see if I get another DVLA consultant appointment.

My appeal is based on flawed criteria, inaccurate statements from the consultant, maladministration, bias and discrimination, suspending my licence before enquiries had been completed contrary to S88 RTA.

An update on my post…

DVLA wrote asking me to postpone the hearing for the appeal until February.

Following day had a letter asking me to fill in an application form and return it…the same day had a phone call from DVLA asking me to get to my GP asap as they had faxed a form to him to fill in. Saw GP on 23 December, scanned and sent my form back 24 December…had a phone call this morning telling me that my Group 2 licence is being re-issued with all entitlements today.

RESULT!!!

Now just working out how much income they have lost me so I can lodge a compensation claim.

well done mate, that’s exactly how mine got returned, seems to me they don’t want to go down the court route.

Happy new year :smiley:

Great news mate and if you have the chance take the bar stewards for all you can :slight_smile:

Great news :slight_smile: Hope you get the courts agreement that they owe you compensation.
Have a happy New Year