Can I sue DVLA

[queenjomati]

Are you sitting comfortly , then I shall begin. In Oct 2011, my employer arranged my medical for my HGV licence, this doctor was not my GP. It was a 5-30pm appt on a Friday afternoon and the GP was in a rush to leave, consequently he rushed my medical & didnt listen to me. I informed the Dr that I need glasses for reading only. A few weeks later I received a letter from DVLA (dated 20.10.11) along with a cover note which explained to any interested parties that I was the holder of a full entitlement, Over the last year, they have sent me at least 3 of these.

I then received a letter requesting I obtain a certificate from an optician giving the result of a recent eyetest.

I went to Specsavers, and had a test which indicated that I was attaining, or exceeding the required minima.I attended Specsavers on 2 or 3 occasions. On 20.10.11. I received a letter which indicated that if I signed to say I would wear glasses when driving, I would receive my licence subject to further medical examination. At this time, I had purchased a pair of driving glasses, and had another test, the results of which I enclose (dated 23.11.11.) These results are in excess of the requirement.with correction (glasses)

I received a letter requesting I attend Westgate House for a visual accuity field test, however, Westgate opticians do not have the equipment to perform this function, so it was then arranged that I go to Specsavers for a Humphrey Perimeter Test. This was done on 6.12.11. and faxed to DVLA

I received a letter requesting I attend Peterborough Hospital on 13.01.12, which I attended.

I contacted DVLA in March/April 2012 enquiring about my licence, and was told I needed another opthalmologist appointment and was sent to see Mr. Hussein at Peterborough Hospital.After this examination, Mr. Hussein indicated that he could find nothing wrong, and would inform DVLA accordingly. After about 3 months I called DVLA, and was told that I would need to see the Consultant again, and was given a date and underwent exhaustive testing. Again, the consultatnt indicated that he could find nothing wrong, and would inform DVLA of this.

 

I received a letter from DVLA dated 09.10.12 informing me that they need to write to my consultant for further information!! I called DVLA to ask for another cover note, only to be told that as it has now been over a year since this started, they would have to send me an application form!

So I completed an application form but as of today have had no reply so am about to do it again

 

I am now a self employed HGV driver, ( having lost my job as my employer would not accept the letter from DVLA ) and some agencies will not accept the cover note, and some companies will not accept it either.

Accordingly, I have lost work, amounting to over £26000, which is causing stress and upset.

I am feeling very discriminated against, and am unable to understand the problem.I cannot understand why, if there is such a huge problem, they have been allowing me to drive. I assure you, that if I thought there was a problem, I would stop!!I am now in extreme danger of losing my occupation, and consequently my home

 

And, while I absolutely refuse to be subjected to any further stressful eye tests, I would be quite happy for DVLA to send an assessor to sit with me while I drive a truck!

DVLA have acted with arrogance and disregard for the circumstances,(especially when a consultant has told them twice!!)by refusing to tell me what their problem is.

Just to indicate how incompetent DVLA are my son moved house so phoned DVLA and they took his change of address over the phone and in two days he had a new licence, today he recieved another licence!!

DVLA have not actually revoked my licence they are just holding on to it, so I cannot attend any CPC course nor can I go abroad on holiday or rent a car etc.

I have lost my home due to lack of work andmy marriage is under strain can I sue the b*****

[DaveyBT]

I don't know - but you should certainly have set your MP on the case long ago and probably have consulted a solicitor.

[queenjomati]

Sent several letters to our MP, who in turn wrote to Simon Tse, chief Exec of DVLA. The reply was from a Sara Purcell of the Customer Compliant Resolution Team and they basically said they would deal with it in their own time!! So that was a waste of time and energy.

We are looking into whether my human rights have been affected and also whether it breaks the EU tenet of free movement of peoples within the EU, as without my licence to show anyone if stopped, I cannot go abroad by car, therefore my movemment has been restricted.

[sgtbush]

Sent several letters to our MP, who in turn wrote to Simon Tse, chief Exec of DVLA. The reply was from a Sara Purcell of the Customer Compliant Resolution Team and they basically said they would deal with it in their own time!! So that was a waste of time and energy.

We are looking into whether my human rights have been affected and also whether it breaks the EU tenet of free movement of peoples within the EU, as without my licence to show anyone if stopped, I cannot go abroad by car, therefore my movemment has been restricted.

 

your mp is your best route

 

as for free movement within the EU, the legislation does not require you to have free movement by car, or you driving, just free movement.

you can get a train to Paris cant you?

think your barking up the wrong tree on that one

[queenjomati]

Well folks after 18 months of dealing with jobsworth , we now have a result. Last week I contacted the Parliamentary Ombudsman, told the woman all that has happened and she made a phone call to DVLA and now we haveour licence back.

We are now going to write to the Cheif Execs office at DVLA and ask for our complaint to be refered to the Independent Complaints Assessor, if we are not happy with the result then we have been advised to ask our MP to refer the case to the Parliamentary Ombudsman, who will then take the case further. We can sue DVLA for loss of income as well as the emotional stress that this has caused and the Ombudsman has the power to enforce DVLA to pay compensation if they feel that it DVLA has failed. So everyone dealing with DVLA , dont give up there is a way, it will take time but that light at the end of the tunnel is not the oncoming train.

I cried when I saw I had my licence.