S88 - Can I drive or Can I Not ?!

Convicted Driver Insurance

JAMPL29

Member
My ban is finished on the 3rd September (Friday) and I sent my D1 form 20th July. I haven't been able to see if my Licence informaton online for 3 months to my annoyance. Speaking to the people at the DVLA they are referring me to section 88 and asking me to make a decision on the circumstances, however as we all know they're not allowed to give us a decision or lead us to an answer. From what I've read and from my own understanding, I should be able to drive I'm not a high-risk offender and don't need any medical examination to drive. Can anyone clarify this please.
 
As you are not HRO, then you can drive under S88 once your ban is up providing:
DVLA have received your completed, correct, application (have they confirmed this?)
Your GP has no concerns about you resuming driving (if you ave had any treatment since your ban you should check this with the GP)
 
price1367 said:
As you are not HRO, then you can drive under S88 once your ban is up providing:
DVLA have received your completed, correct, application (have they confirmed this?)
Your GP has no concerns about you resuming driving (if you ave had any treatment since your ban you should check this with the GP)
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The DVLA have my application has I sent it recorded delivery. However, within the converstations I have had with them over the phone they can't tell me what status it currently is at. I have no health issues to stop me driving no.
 
JAMPL29 said:
The DVLA have my application has I sent it recorded delivery. However, within the converstations I have had with them over the phone they can't tell me what status it currently is at. I have no health issues to stop me driving no.
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It doesn't matter what stage the DVLA process is at, so long as the application has been received and there are no defects in the application..... like a missing signature or an incorrect fee paid which would result in them returning the application as not acceptable. If the cheque or postal order has been cashed that would be a good indication that there is, in principal, no problem with the actual application.
 
price1367 said:
It doesn't matter what stage the DVLA process is at, so long as the application has been received and there are no defects in the application..... like a missing signature or an incorrect fee paid which would result in them returning the application as not acceptable. If the cheque or postal order has been cashed that would be a good indication that there is, in principal, no problem with the actual application.
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I shall check in the morning to see if the Cheque has been cashed if it has, would you then say I'm good to go Friday 3rd?
 
Have you emailed your local MP at all? I have read a few stories where this has helped speed up the process, especially for non HRO's. I emailed mine and she emailed me back stating she had been in contact with the DVLA to ensure my application is processed by the time my disqualification period ends (I still have a few weeks left, so I can't say whether this will definitely happen). But, even if they can't process yours by the 3rd September, he/she may at least be able to get confirmation that your application has been submitted correctly for peace of mind driving under Section 88.
 
JAMPL29 said:
Nothing has been taken from the bank unfortunately, with this in mind would you recommend not driving on the 3rd Septemeber.
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Try what xdeepremorse x suggests (but that will not give a swift answer) Personally I would be wary of driving if the cheque has not been presented. S88 requires DVLA to have received your completed AND correct application. If you have forgotten to fill something in, or put the wrong date / amount on the cheque then it is not a correct application and you could find that you were not driving under S88.
Try an 8am call (s) to DVLA in the morning to press them for an answer about the status of your application.
 
xDeepRemorsex said:
Have you emailed your local MP at all? I have read a few stories where this has helped speed up the process, especially for non HRO's. I emailed mine and she emailed me back stating she had been in contact with the DVLA to ensure my application is processed by the time my disqualification period ends (I still have a few weeks left, so I can't say whether this will definitely happen). But, even if they can't process yours by the 3rd September, he/she may at least be able to get confirmation that your application has been submitted correctly for peace of mind driving under Section 88.
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I Shall try this can't harm it I suppose.
 
price1367 said:
Try what xdeepremorse x suggests (but that will not give a swift answer) Personally I would be wary of driving if the cheque has not been presented. S88 requires DVLA to have received your completed AND correct application. If you have forgotten to fill something in, or put the wrong date / amount on the cheque then it is not a correct application and you could find that you were not driving under S88.
Try an 8am call (s) to DVLA in the morning to press them for an answer about the status of your application.
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Will contact them tomorrow (Thursday & Friday) too to get an answer from them, just seem's so a logn winded proccess. Especially when it seems like it should be as simple as you've been banned now your not.
 
JAMPL29 said:
Will contact them tomorrow (Thursday & Friday) too to get an answer from them, just seem's so a logn winded proccess. Especially when it seems like it should be as simple as you've been banned now your not.
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It may be no consolation to you, but as of the 3rd September you are NOT banned any more, but you would be driving without a licence if you did drive (and no insurance) Maybe that does not make you feel any better though…….
 
price1367 said:
It may be no consolation to you, but as of the 3rd September you are NOT banned any more, but you would be driving without a licence if you did drive (and no insurance) Maybe that does not make you feel any better though…….
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I have just called them and they have said that "As i sent my application recorded delivery, Its proof of the application is with them." Which then would mean in my eyes from middnight tongiht when my disqualification is over I'm okay to drive.
 
JAMPL29 said:
I have just called them and they have said that "As i sent my application recorded delivery, Its proof of the application is with them." Which then would mean in my eyes from middnight tongiht when my disqualification is over I'm okay to drive.
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That is for you to decide, remember that is only part of what is required for S88:

“ DVLA has received your correct and complete application within the last 12 months”
So it has been received, is it correct and complete? Are you 100% certain you did not miss out a key fact like a signature or send the wrong fee?
 
price1367 said:
That is for you to decide, remember that is only part of what is required for S88:

“ DVLA has received your correct and complete application within the last 12 months”
So it has been received, is it correct and complete? Are you 100% certain you did not miss out a key fact like a signature or send the wrong fee?
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I have checked the fee on the Cheque I sent and it matches the correct fee its show online and I'm confident in my ability to fill that form in.
 
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