DVSA only keep their records for ten years.

[Conan]

Help, I passed my driving test 20 years ago. Four weeks ago I tried to test drive a brand new Volvo XC40 only to be told that my driving licence had a B1 on the back of it and therefore I could not test drive the car. Assuming this was a simple mistake I contacted the DVLA and wrote and attached,

Dear Margaret, as per telephone conversation this morning, please can you urgently confirm you have received the attached documents?,

1. Driver Test Report (showing that I, ………… passed my driving test, B Category on the 19^th January 2002
2. Theory Pass Certificate
3. A Retention on a private plate that I own
4. The letter I received on the 23^rd July dated 6^th July, 3 weeks after contacting you, informing me that I am not eligible to drive
5. A copy of my birth certificate

I am a single parent, I drive a 70 mile return journey to work. At present, you are informing me that I cannot legally drive!! I cannot understand why, the DVSA would have informed you that I am a B1 category which is a detrimental error on their part!! I cannot even drive a moped and wouldn’t dare try!! I passed my driving test and can and have for the past 20 years, since successfully taking my examination, driven 4 wheeled cars!! See attached pass certificate. Also, I cannot understand as I have been driving for 20+ years and have during this course, incurred penalty points, attended speed awareness courses (twice) and NEVER has anyone questioned my legal right to drive because I passed my test. You have stated this morning that your records indicate that the DVSA informed you that I was a B1 category and therefore you have always listed me as a B1 category but this cannot be true because surely, I would not have been able to receive points on my license, incur penalties without this being questioned. I believe your operators made an error when I updated my license with my new address two years ago and quite simply, incorrectly keyed a B1 instead of a B.

I am extremely frustrated and upset, as stated, I need to drive to get to work and back. Please confirm ASAP you have updated your records based on the overwhelming evidence I have provided you with.


DVLA RESPONSE 25TH JULY

Dear Miss …….,

We have made further investigations with the Driver and Vehicle Standards Agency (DVSA) on your behalf. Unfortunately, they have replied that, as the DVSA only keep their records for ten years, they are unable to confirm that the information in your driving test report is correct.

Therefore, we can only confirm that we will not be able to issue a licence displaying full category B (motor car) entitlement. Should you wish to pursue the matter with the DVSA, you can do so using the advice contained in our letter of 06/07/22.

Yours sincerely,

Drivers Casework
ODL Casework | D11 West | DVLA | Swansea | SA99 1ZZ

[Conan]

My Response to the above e-mail from the DVLA 25.07.2022

Hi, this cannot be happening. I have the original passed test certificate!! I passed my test on the 19^th January 2002 and the DVSA have incorrectly applied a B1, surely on the balance of probability it is clear that I passed with a B on the 19^th January 2002. I can send you the original Pass Test Certificate. The car I passed in was a white Rover, on a Saturday morning and the registration details are on the vehicle, the Chief examiners name is also on the pass document which he has signed, R955 GEC. The examiners name is Norman Palmer, he has signed the test pass certificate!!. How can the DVSAstate that they cannot confirm the pass test certificate as being correct? They used this document and inserted incorrectly a B1 on the same date, 19^th January 2002 as I passed my test in a Rover car??? I work full-time, I drive and have done for 20 years over 70 miles each day. How can I be subjected to this turmoil. Why on earth do the DVSA not store evidence for longer periods but irrelevant of this, I have the evidence as attached…….Please can someone speak to the DVSA? I will post the original pass test certificate and you will see that it is the original.

[R0b]

Hi,

First of all, I would caution against sending the original test certificate the the DVLA as that is your only evidence t prove you have passed your driving test and it is not unheard of for documents to 'go missing' in that organisation. I would suggest copies of the certificate are sent and whilst you retain the original (for reasons I explain below).

I'm not familiar with the driving licence codes and how they get added or removed but my understanding is that if you passed your test on or after 1 January 1997, you would automatically get code B applied to your driving licence thus allowing you to drive vehicles with a maximum authorised mass of 3,500kg and up to 8 passengers.

Therefore Code B should be the starting point on your licence after passing the test. Logically, the only way that I can see a Code B having been removed from your licence is if there is a legally valid reason to do so and the immediate thing that springs to mind is either you have committed an offence of dangerous driving or you have had a previous medical condition and so your licence has been restricted. In both of these situations, the DVLA should have a record somewhere about this.

It does sound like there is a genuine error and I don't know whose duty it is to ensure the driving licence codes are accurately recorded but I assume it is the DVSA given that they are responsible for MOT testing but I am not familiar with this area of law and you seem to be in a bit of a niche situation. It may be that your only option is to start legal proceedings against both the DVSA and DVLA to get them to explain why, having passed your driving test your licence has been issued with a B1 code and not the standard B code on passing your test. You would be wanting to ask the court to make an order for specific performance i.e. an injunction to force the DVLA/DVSA to update their records and/or re-issue a new driving licence with the correct code, plus any compensation you might be entitled to as a result of their potential negligence.

I'm tagging des8 who is probably more clued up on this side of things and might be able to provide a better answer.

[des8]

Besides following the steps mentioned by R0b (especially retaining that pass certificate in your own hands) you could initiate chief executive complaints to both CEOs of DVSA & DVLA, and inform them that if the matter was not resolved within a week by issuance of at least a temporary licence whilst they sorted themselves you would be seeking a court injunction.
Point out as you can no longer drive you will also be claiming all your extra costs incurred by way of fares & taxis (keep receipts) as damages following their error
I would inform both parties that you were also now involving your MP and requesting he takes the matter up with the Minister of Transport.
Send copies of both letters to your MP requesting his help.

Loveday Ryder @ DVSA, Berkeley House Croydon Street Bristol BS5 0DA.
Julie Lennard @ DVLA Longview Road Morriston Swansea SA6 7JL
(DVLA also have a newish complaint system (https://contact.dvla.gov.uk/ceo_complaints) which you might want to try.

[atticus]

I would not threaten any kind of court action unless ready willing and able to follow through. Injunction proceedings are very expensive, and even if you diy a government agency will engage lawyers - and you may well have to pay their costs if unsuccessful.

[R0b]

I would not threaten any kind of court action unless ready willing and able to follow through. Injunction proceedings are very expensive, and even if you diy a government agency will engage lawyers - and you may well have to pay their costs if unsuccessful.

I agree but if the OP is able to justify the addition of remedy for compensation to the claim such as negligence or any additional costs described by Des, it's very possible that the claim would be allocated to the small claims track and therefore avoiding those expensive costs, taking into account the purposes of the small claims track as described under CPR 26.6 and also matters to be considered under CPR 26.8.

I would certainly be arguing the fact that just because the OP might be seeking an injunction doesn't warrant the court allocating the claim to a different track which inevitably involves further court resources simply because the government has chosen of its own volition to instruct external lawyers and for what should be (on the face of it) a relatively straightforward case. There doesn't seem to be any complicated issues other than a lack of explanation from the DVLA as to why the driving licence is registered for a code that is not standard practice.

But yes, all facts and information should be sought including any appropriate legislation references before proceedings are issued. I did a quick search before and it looks like The Motor Vehicles (Driving Licences) Regulations 1999 might be a relevant starting point - particularly Regulation 43 and Schedule 2.

Link to the Regulations: https://www.legislation.gov.uk/uksi/.../contents/made

[atticus]

are injunction claims allocated to Small Claims?

EDIT - sorry, you have tried to answer that.

[R0b]

Nothing in CPR I can find to suggest that a court cannot deal with an injunction claim as a standalone or part of multiple remedies on the small claims track, I guess it depends on whether the court thinks it is appropriate and who might have the better argument on the day but happy to be corrected if you're aware of any case law that says otherwise

[des8]

Agree that injunctions can be ruinously expensive, but if it concerns a matter of low complexity (especially if linked to a small money claim) there's no reason for the claimant not to suggest the matter be allocated to small claims track.
R0b has already drawn attention to CPR 26.8
Obviously final decision is down to the court, but there is no reason why they should not be prompted

[atticus]

Yes, but be aware that the defendant may put forward a different suggestion, and a judge will decide. As always in these things, at least one party will be disappointed.

Litigation can be something of a lottery!