Appeal Options and Timescales

[Heston]

February 2011 - Convicted DR10 – 4 Year Ban

February 2015 – Reapply for Licence

November 2015 - Eventually received temporary 12 month licence. Notified that I am High Risk Offender.

October 2016 – Reapply for full licence

November 2016 – Temporary licence expires – permitted to drive under Section 88

February 2017 – Attend CTD Medical at DVLA Nominated doctor

June 2017 – Receive Refusal letter from DVLA as CDT is 2.5%

My Job requires me to drive, this is going to affect my livelihood.

I called DVLA they explained I have two options to appeal. Via Magistrates Court or via my Doctor. Is this true?

It is unclear in the letter from DVLA if I am classed as a dependant or misuse. This was unable to be confirmed on the phone by the operator. So I am not sure if I have to wait 6 or 12 months before I can reapply.

Also the DVLA were unclear to when the 6 or 12 months begins. I stated that given I had waited almost 4 months for my CDT results and decision to be made and that I could reapply up to 8 weeks prior so am I almost within range? This also she could not deny nor confirm.

If I assume I am only misuse and given that my CDT test was almost 4 months ago, am I correct in thinking that if I give it a few more weeks, book and pay for a CDT Test with DVLA doctor off my own back, complete D1 and return with fee and questionnaire, obtain approval from my GP and get a letter of recommendation from my boss that I will have any chance of getting licence back any quicker.

I suppose my queries are as follows.

Is it true I can appeal via my Doctor?
Do you recommend appealing via Magistrates Courts?
Is it worth me paying for CDT test with same approved doctor, licence fee etc or will DVLA flat refuse my application?

One of the outlining problems to all of this is making arrangements for my job. I need to give my employer some sort of ball park time scale, and also assess if I need to make major life changes to accommodate this inconvenience.

Many Thanks in advance for any information you can supply.

Heston.

 

[SeanJoyceStephensons]

You can appeal decision made by the DVLA to the Magistrates' Court within 6 months of the date of the decision. You can also make written representations with the assistance of any additional medical evidence you would like the DVLA to consider. In many cases it is more useful to initially make written representations to try and exhaust all avenues before pushing forward with a Magistrates' Court appeal process.

The 6 month period for lodging any appeal, or indeed re-application to the DVLA in the issue of a 'misuse' situation, starts at the date of the decision made by the DVLA. It is very difficult to give a definitive indication of timescale involved from this point forward given that it is something that may be resolved without the matter going to the magistrates' court. The first step would be to obtain a clear basis and date of decision from the DVLA.

CDT tests are one indicator for the DVLA when considering these issues and it is often the case that further evidence has been considered such as GP responses to medical questionnaires. It is important to get a full explanation form the DVLA before considering the best option.

 

[Heston]

Thank You very much for your reply - could you please remind your phone numbe? it is likely i will call you soon,

could i send something like this to DVLA?

Dear Sir or Madam,

Thank you for your letter dated

It states that my Carbohydrate Deficient Transferrin (CDT) level was recorded by a DVLA appointed Medical Officer as 2.5%, and that the State’s Honorary Medical Advisory Panel has advised that the above level of CDT in conjunction with the clinical information is consistent with ongoing misuse of alcohol. The persistent misuse of alcohol, whether or not it amounts dependence, is a prescribed disability. CDT values are not affected by medication.

My application for a driving licence has been refused. You will refund any fee that I sent. I sent payment in 2015 with which you approved a 12 month licence.

Your letter states that you would only be able to consider a re-application* from me where there is a history of established alcohol dependence, when a 12 month period of control, normally with the attainment of abstinence is achieved. Demonstration of the return to normal values of the abnormal blood tests would be expected.

Where there is no evidence or history of dependence, re-application can be made after 6 months of controlled drinking, with a return to normal blood test values.

The letter at this point becomes over generic. It is unclear what information is relevant to me. I have also been unable to ascertain this information via your phone lines. The operator, however helpful, was unable to confirm or deny any of the above in regards to my personal options.

Bearing in mind this is an offence that was committed in 2011, and that I have made essential changes to my behaviour since, it would be most advantageous to me to know these details so I can provide my employers of an estimated time scale I will be without a licence as it is critical to my livelihood.

I would very much value clarity in my specific case so I can evaluate what level of potentially life changing decisions I need to take to accommodate this decision.

In short could you please provide me with clear basis of decision and date of re-application?

I would be happy to supply personally financed CDT test results from the DVLA Medical Officer, letters of recommendation from my GP and my manager at work at your request.

Yours,

 

[SeanJoyceStephensons]

Thank you for your reply. Having discussed the content of this thread with you directly we have advised that the correct course of action would be to request further information regarding the basis and date of the decision in order to give us more idea about what immediate steps may be necessary.