Motoring Discussion > DVLA Blunder-advice Legal Questions
Thread Author: Bart Replies: 39

 DVLA Blunder-advice - Bart
I wonder if any one can help me out here?

6 years ago I was banned from driving for 4 years and near the end of my ban being uplifted I contacted dvla to find out what the exact date I can re apply for my licence, then I was sent from one department to another. I got told they have no record of me and I didn't have my driver number and she told me to apply for a new licence since they had no record of me and the judge told me I had to re sit my test.
So I did and I got my licence and passed my tests but two weeks ago I went to hire a van to take handicapped kids to the zoo but when I was at the car hire company I had to produce my licence and also my passport and It was brought to my attention that there was a spelling error in my middle name and I was refused the car.
I contacted dvla and they told me send my passport, licence, and birth certificate. Sign here and sign there and I don't know what they are doing and I feel they might prosecute me because they have not told me what to do next every time I ask them.
So far I have not sent anything to them out of fear that they might prosecute me because I didn't re sit the extended test.
I don't know what to do can someone give me advice please

Thanks in advance

made non car make/model specific. Attempted to tidy up the post to make for easier reading - hope you don't mind?
Last edited by: VxFan on Fri 27 Jan 12 at 00:45
 00 2.0 DVLA Blunder-advice - Dog
Have a word with your local citizens advice bureau Bart ~ www.citizensadvice.org.uk/
 00 2.0 DVLA Blunder-advice - Iffy
Trying to pick through the bones of your post.

You were convicted of an offence, probably dangerous driving, which carries a ban and also a requirement to sit an extended test if you want to drive again at the end of the ban.

You didn't sit the extended test, but you applied for a new licence, sat an ordinary test and passed.

An unrelated query over your name prevented you hiring a van.

I think your current licence was acquired illegally in that you falsely represented your position when you applied for it.

On t'other hand, you did pass the test.

The simplest thing might be to sit tight, say nothing, but don't try to hire any vehicles in future.

Strictly, you should surrender the licence and tell the DVLA you need to take the extended test.

But daft as it sounds, after all this time you might have a problem convincing the DVLA of your true position.

 DVLA Blunder-advice - L'escargot
Is this link to DVLA of any use? tinyurl.com/7mqfnh6
 DVLA Blunder-advice - R.P.
Even if you didn't have a licence before you were banned, you'd have had a driver number allocated to create a "record"

Any paperwork been kept from your ban ? If not the Mag. Clerk's office for the court that dealt with your case will have a record. Try to trace your original driver number from them n the first place - I would go down the CAB route as well if you have problems, but do your homework first.
 DVLA Blunder-advice - Zero
Is it possible, using the same name and driver number, to regain your driving license without meeting the requirements of any court order (in this case the extended driving test)?

I may be wrong, but it sounds like the OP has sat the test after 4 year ban with slightly revised personal details, and obtained another driving license and driver number. Therefore may have obtained fraudulently.



Last edited by: Zero on Fri 27 Jan 12 at 11:46
 DVLA Blunder-advice - John H
>> but it sounds like the OP has sat the test after 4 year ban with slightly revised personal details, >>

Do you think he/she may have made a genuine dyslexic error? Or is he/she somewhat like the football manager in court regarding HMRC tax matters?

Nah, I have a gut feeling ....

 DVLA Blunder-advice - Bromptonaut
The discrepancy with the licence and name might be dyslexia or a DVLA 'blunder'.

The bigger hurdle is that the OP failed to take the extended test as ordered by the court. Presumably he/she did so knowingly. In the event of an accident that fact is likely to come out. It will certainly come out in the event of an allegation of a driving offence. Further proceedings and insurance problems will follow.

Legal advice and come clean I think.
Last edited by: Bromptonaut on Fri 27 Jan 12 at 12:21
 DVLA Blunder-advice - VxFan
>> Do you think he/she may have made a genuine dyslexic error?

The tidying up of the OPs post was only to add punctuation where necessary to make it easier to read, and thus hopefully get the answer(s) he wants.

No spelling mistakes were corrected, and from what I can see, there were no spelling mistakes anyway. In short I don't think the OP has dyslexia.
 DVLA Blunder-advice - L'escargot
Is this any help? View your driving licence details online ~ tinyurl.com/6h3tu9
 DVLA Blunder-advice - Bromptonaut
The link above seens to be focused on return of licence after a 'plain vanilla' disqual for excess alcohol etc.

More here about process where an extended test is ordered.

www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_069887

OP should have obtained a provisional but surely that would be linked to his previous DL and number if only to ensure ET requirement was enforced.
 DVLA Blunder-advice - Dave_
I had some to-ing and fro-ing late last year with the DVLA, whilst attempting to renew my photo licence. Every time I phoned them, I was asked for my full name, date and place of birth. When I gave the operator my driver number afterwards, they were able to confirm it matched the one on their screen.

>> "hire a van to take handicapped kids to the zoo"

???

I'd take 'em in a minibus, personally. And if there were several kids, I'd approach the council's accessible transport division to organise the right kind of vehicle with trained staff.

The OP has registered, posted a story full of holes then vanished. Seen this sort of thing before...
 DVLA Blunder-advice - rtj70
>> The OP has registered, posted a story full of holes then vanished. Seen this sort of thing before...

No offence intended to this site, but why would someone join this site and ask such a question. If you googled for sites/forums there'd be others you'd try first.
 DVLA Blunder-advice - Old Navy
>> The OP has registered, posted a story full of holes then vanished. Seen this sort
>> of thing before...
>>

Probably didn't expect to get the truth.
 DVLA Blunder-advice - Meldrew
He read iffy's helpful and informative post and fled the country before there was a check on ports and airports!
 DVLA Blunder-advice - Fullchat
>> "hire a van to take handicapped kids to the zoo"

How long does it take for a CRB clearance? 8-S
 DVLA Blunder-advice - Old Navy
>>So far I have not sent anything to them out of fear that they might prosecute me because I didn't re sit the extended test. >>

When (if) DVLA get your passport its details (name) will not match the licence you have fraudulently acquired.

It will provide a link to your true DVLA record though.

Not good. You have dug yourself a big hole. Don't forget that many government and insurance databases are now cross referenced.
 DVLA Blunder-advice - Bart
Thank you for all the people who have given helpful advice but as for the people who are being judge an jury no innocently posted this for a genuine query and I HAVE got dyslexia and I can't reed and right but I am trying my best and I have not fled the country and I have no intentions to do so. I genuinely have a problem as the post office or DVLA did this blunder not me and does any one know what the law says or would do to me if I did send the documents

Thanks in advance again
 DVLA Blunder-advice - Old Navy
Sorry Bart, you knew you should have taken an extended test but opted to take the standard test when it was offered in error. Glad you didn't just disappear and stayed with us we are not as bad as we come across.

As you have a problem with dyslexia the previous advice to contact the Citizens Advice Bureau is probably best. Dealing with government departments is not easy when things are complicated.
Last edited by: Old Navy on Sat 28 Jan 12 at 16:13
 DVLA Blunder-advice - Pat
Well done for sticking with us Bart and not getting offended.

I'm sure you'll get the advice you need now.

Pat
 DVLA Blunder-advice - Harleyman
and I can't reed and right



OP's first post was completely error-free. First screamingly obvious spelling "mistake" occurs only after someone queries veracity of dyslexia.

Rat smelt. Sorry Pat.
 DVLA Blunder-advice - Old Navy
>> OP's first post was completely error-free. First screamingly obvious spelling "mistake" occurs only after someone
>> queries veracity of dyslexia.
>>

If you are dyslexic can you tell us which spellchecker you are using, it must be a good one.
 DVLA Blunder-advice - Bromptonaut
The DVLA's inability to find records is a red herring; the issue is failure to take the extended test.

 DVLA Blunder-advice - VxFan
>> If you are dyslexic

Can we give this guy the benefit of the doubt and get back to answering his question please.

Is it any wonder we have so few new members when they're jumped on by the regulars (not pointed at anyone in particular - just a general comment)
 DVLA Blunder-advice - Slidingpillar
Surprised no-one has commented on this.

If he was supposed to take an extended test to get the licence back - the requirement would be entered against his driver number records. As the OP says DVLA had no record, I wonder if there was any mechanism to get/sit the extended test in the first place. Without DVLA wanting it - would he even be able to get one, even if he was supposed to have one?

As posted, the whole thing is a mess, and a candidate for a local office to sort - you'd never do it on the phone.
 DVLA Blunder-advice - Harleyman
Okay. If there is a simple spelling error, and no more, all the OP has to do is fill out the back of the paper counterpart licence with the correct details, and send it off. Simple as that.

The fact that he has been asked by DVLA for other documentation suggests to me that he is asking the wrong questions, or giving the wrong answers.

Errors do occur from time to time. When I moved down here and changed my licence details they got the postcode totally wrong. Typically under the Law of Sod I was pulled by VOSA in the lorry a couple of weeks later, before I'd sent it off. Mentioned it to the officer and was told it wasn't a big problem since the rest of my address was correct, and that I needn't bother till I renewed it at next HGV medical, which IIRC was about a year away.

It is for this reason that I'm somewhat doubtful whether a hire company would refuse a vehicle simply because of a spelling error on a middle name. My wife's passport is still in her maiden name but it's never bothered us when we've hired a van. Both documents, after all, have photographs.

My guess is that the hire company's DVLA check flagged up the endorsements/bans and this was a convenient non-confrontational get-out for them.
 DVLA Blunder-advice - Armel Coussine
>> My wife's passport is still in her maiden name but it's never bothered us when we've hired a van. Both documents, after all, have photographs.

Mine travelled for years on a Canadian passport, her father having come from that country. But when we were coming back from France a decade or so back, the immigration man at Dover told her that as she didn't have residence rights written in it, he didn't have to admit her (she sounds, and is of course, totally English).

She looked so horrified that the immigration man laughed kindly and said she could come in this time, but ought to get a British passport or ensure that her Canadian one had something written in it to the effect that she was allowed to live here. Now she uses one of these downmarket burgundy coloured Europassports we all have now.
 DVLA Blunder-advice - John H
>> the immigration man at Dover told her that as she didn't have residence rights written in it,

your wife escaped this fate:
www.bournemouthecho.co.uk/news/8678748.Deportation_after_65_years_of_living_in_the_UK_/

"Grandmother Joan Wakely was born in Canada but has lived in this country since she was six-months-old and has paid taxes all her working life.

But the 65-year-old retired administrator is now facing a battle to remain here after being stopped by airport immigration officials who branded her an illegal alien.

Mrs Wakely, who has always held a Canadian passport, was told that they had no record of her being a British citizen.

She has been given six months to remain in Britain before she faces the prospect of being deported to Canada, where she has no home or family.

In order to remain here permanently she must pay £840 and pass a test for full UK citizenship, although there is no guarantee her application will be accepted."

 DVLA Blunder-advice - John H
spurs team sheet (allegedly not real):

www.whoateallthepies.tv/wp-content/uploads/2012/01/spursteamsheet1-500x779.png

 DVLA Blunder-advice - rtj70
If Bart lives near a DVLA regional office, I would go in with documents requested to sort this out. But before then go to the CAB.

I don't think anyone on here can really help sort this. If the DVLA couldn't find your original driving record I am surprised. They lose entitlements all the time but whole driving licence details? Not sure I believe that. Although the DVLA may have made mistakes that has led to this mess.

If you really did accidentally misspell your middle name when re-applying then - maybe mistakes happen. But the real issue is you should have taken an extended test and didn't. And more importantly knew you needed to and didn't.

I would not be surprised that the original driving record is still there on the DVLA systems. So when you present passport and birth certificate could either resolve a lot of this or unearth problems. For example without taking an extended driving test you should not have got a licence back and yet have been driving for 2 years.

Best of luck. As I say I'd ask the Citizens Advice Bureau and make use of a local DVLA office to get this sorted.
 DVLA Blunder-advice - bathtub tom
A cynic may think it was very 'convenient' of the OP to inadvertently misspell their middle name and thus obtain a licence without undergoing an extended test?
 DVLA Blunder-advice - rtj70
If we give the OP the benefit of the doubt then he has issues to clear up. If I interpret correctly:

- Somehow he applied for a provisional licence and got one (misspelt his own name do didn't double check the form...), passed the normal test and drove for two years
- Was meant to take an extended driving test to get a licence back - but ignored this requirement knowing he had to
- Drove for two years on a licence that could have been (accidentally) obtained via false declarations
- Tried to hire a van to stuff disabled children in to take them to the zoo and found issues with his licence.

So basically he needs legal advice and if there really are no legal ramifications he need to get the DVLA to sort this.

But:

- The new licence and old have different licence numbers - so fraud?
- Avoidance of the extended test... so licence not valid....
- ... and driving for two years on an invalid licence.

So legal advice and not advice from a forum is needed. Lets hope the outcome is simply loss of licence back to provisional. It could be worse.... or a windup.
 DVLA Blunder-advice - Old Navy
>> - The new licence and old have different licence numbers - so fraud?
>> - Avoidance of the extended test... so licence not valid....
>> - ... and driving for two years on an invalid licence.
>>

Not to mention invalid insurance (if he has any) for two years,

And it stinks of a wind up.

My advice is to walk to a police station and hand yourself in before:-

a. A local policeman who knows you are banned stops you, or someone shops you.
b. An ANPR camera or speed camera zaps you.
c. You have an accident and the police very quickly suss you out as your criminal record (driving ban) will be cross-referenced with the DVLA, as will happen for b.

If this advice is too robust for the moderators I suggest you go and moderate a knitting forum.

(not pointed at any moderator in particular - just a general comment)
 Trying to get away with a dodgy licence - Iffy
a) The local policeman will only discover the OP has a valid licence.

If the copper is really bright/keen he might wonder why it's clean, rather than showing the previous ban.

b) The OP will not ping an ANPR camera and the speeding ticket process is also likely to proceed smoothly, as in licensed and insured driver pays fixed penalty.

c) Might happen, but following a minor accident I doubt the checks will be any more rigorous than inspecting the licence, which it should pass.



 Trying to get away with a dodgy licence - Old Navy
Once he is correctly identified things will link up. If he has a ban the police will have prints and DNA if his identity is in doubt.
Last edited by: Old Navy on Sun 29 Jan 12 at 08:42
 Trying to get away with a dodgy licence - Iffy
I agree there will always be a risk and it's not one I would take.

Not because I think I would be found out, but because I'm like most on here and choose to run my affairs honestly.

But you only have to look at the cases of one man taking a test for dozens of others to see the licensing system is easily fiddled.

 Trying to get away with a dodgy licence - Old Navy
True, I still think it is a wind up though, and it was effective for a while. :-)
 Trying to get away with a dodgy licence - Meldrew
Apart from whether we have been trolled one wonders what the typo was - Ian for Iain, Jon for John or something more obvious? Dyslexic or deliberate so to speak
 DVLA Blunder-advice - Harleyman
>> A cynic may think it was very 'convenient' of the OP to inadvertently misspell their
>> middle name and thus obtain a licence without undergoing an extended test?
>>

I think we have to be strictly fair here. DVLA are not perfect; as I mentioned above they got my postcode totally wrong and whilst my handwriting isn't the best it's not illegible either. It also proves that they don't cross-check the address details against a database as many other companies do.
 DVLA Blunder-advice - Zero
At the end of the day, this is the wrong place to ask for the advice for the problem he has.

He could, potentially, be in for a shed load of woe and should seek out advice at the CAB face to face where they may be able to find out how he got himself into this mess.
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