Banned/Not banned... You decide??? HELP!

[munky30]

ok, bear with me cos this is a long story.

 

When I was younger I was a bit of a **** when it comes to cars. I'll spare you the details but I ended up with a 12 month ban, big fine and had to do a retest to get my licence back.

 

The 12 month ban ran out, I paid the fine... then for various reasons didnt need to drive for about 3 years.

 

When I finally applied for my provisional photocoard I was sent a nice shiny pink one with a green counterpart.

 

I assumed that the green counterpart meant it was a provisional and would be replaced with a pink one when i passed.

 

So... wanting to be legal, I called the dvla to book my test.

 

I was told, somewhat patronisingly, that 'people with full licences don't need to do tests'.

 

So I told them I had been ordered to do a retest after my ban and asked them to check their database.

 

I was told again 'no, people with full licences don't need to do tests'.

 

I asked again for them to check with the police database and was told 'they use the same one as we do'.

 

So... as I'm sure most people would (or is it just me?) I went on my merry way and have been driving happily and as far as I'm concerned, legally fr 4 years since.

 

But, and here's where it gets interesting, I have been pulled a couple of times this year for routine stops. They check my tax... fine, mot... fine, insurance... fine, licence... 'It appears you are disqualified until you take a retest sir'.

 

So, I explain the story above in pretty much the same words. They phone the dvla, their boss, the pope, my mother, and ghandi, and come back with 'give us your mobile number and we will look into it, if you dont hear from us within a couple of weeks everything is ok'.

 

All good... or so you'd think. But its now happened twice, 4 months apart. And I'm worried one day I wont get a nice copper.... I'm also not a fan of standing by the side of the road for half an hour at a time being treated like a criminal.

 

I have been told by someone that I should write to the dvla and ask them to remove the mark from my record. With the proviso that I would, of course, be willing to do the retest if needed, but if I do I will be pursuing charges against them along the lines of 'aiding and abetting a banned driver to drive a motor vehicle on the roads', and asking them to re-imburse me the insurance I have paid for over the last 4 years, as it has been invalid for the whole time due to their error.

 

Hopefully they wont want the hassle and will just remove the mark on my licence....

 

Does that sound viable?

 

Thank you for your time, your thoughts and advice are more than welcome and much appreciated.

[Guest vortex]

I would ask them to clarify in writing the status that they have on you because of the anomaly that you have had.

[Rob S]

I would suggest you write to DVLA and advise them of what happened and what the court ordered when you were convicted, that you received a full licence when you eventually applied to get your licence back and that the DVLA database that police have access to is showing that you are disqualified until you have passed a test. If they write back and confirm that you are a full licence holder then you will be in a position to ask them to update their data base to reflect that.

 

By telling them the full circumstances you are being honest and if they confirm what you have already been told, then write it up as a result for you and carry on with life.

[munky30]

But if they dont I have to lay out 300 odd quid on doing a retest.... And they will obviously come back and say 'you have the wrong licence and need to do a retest' as thats what their database says.

 

If I absolutely have to, fine, but I'd much rather I didnt.

 

I've had no convictions or driving offences since I've had this licence and am (blowing my own trumpet) a very good safe driver so I don't see why after 4 years of this I would have to do a retest when it is their mistake thats created this situation.

 

To rectify such a mistake by making me do the retest would be the very worst case scenario for me, and a tad unfair I feel.

[Rob S]

I'm sure you would rather not have to take your test again, but that was the order of the court all those years ago.

 

Somewhere along the line DVLA have got their information wrong and issued you with a full licence. You did the correct thing at the time and queried it, and they confirmed you had been issued with the correct licence.

 

But now you are getting problems with the database so you need to sort it out once and for all, as the query over your licence status could have implications for your car insurance as well. It might be a pain if you do have re-sit your test again, but it would be better to do that (if that's what you ultimately have to do) and at least you will know for sure that, having done that, you will be 100% legit.

[munky30]

I agree 100%. My main concern is being legal to drive, I have kids and one of the times I was pulled they were with me, on the side of a motorway. Not ideal to be carted off in a police wagon for driving while dq.

 

But yes, I would rather not.

 

I was just thinking if I mentioned the potential implications for them if they decide to make me do the retest they might just roll over... wishful thinking I suppose? I was told to do that by a lawyer friend of mine, but he doesnt deal with this sort of thing and it was only an idea... He is as unsure as I am as to whether it would work.

[MilkTrayMan]

The very sorry thing is munky30, unless U DO sort it out asap, U run the risk of your Car Insurance Company jumping on it as an excuse NOT to pay out if U need to make a Claim.

[munky30]

I know I want it sorted asap. But as many would, i want the easy option please bob.

 

And the fact that not one but two police officers have let me drive on speaks volumes to me... As far as they are concerned its not enough of a concern to stop me driving. They see the pink licence and hear my story and let me go on my way :o

[Rob S]

Well, the one thing that might actually be in your favour this time, strangely enough, is DVLA themselves. They get it wrong so often. There have been plenty of cases of people sending their licences in for a simple change of address and it comes back with categories such as motorcycle or HGV entitlement missing. When challenged DVLA have said "tough, you'll have to take your test if you can't prove you have the entitlement" and that's what people have had to do.

 

In your case the fact they have it on record that you have a full licence could work in your favour, but until you clear it up once and for all, you will not know.

[munky30]

very good point.

 

I'll send them a letter tomorrow asking for clarification and take it from there.

 

Dependant on the outcome I may give it a shot to try and fight it, it cant hurt to try... they can only say no.