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DVLA have no record of my driving ban

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vt5060 | 13:41 Sun 27th Jun 2010 | Law
16 Answers
I was banned from driving in 2007 for 3 years with 9 points and ordred to take a retest. My ban is due to expire next month so I contacted the DVLA today to enquire about applying for my provisional again. The DVLA tell me that they have absolutely no record of my ban whatsoever, and that as far as they are concerned, I have a full, clean driving licence. They also told me that if I was to drive and be pulled over by the police, they would share the same information that DVLA have and would say the same. I know the ban was given by the court, so the ban would still be in effect up until it ends, but what should I do when the ban is expired because the DVLA won't let me apply for a provisional if, according to them, I wasn't banned in the first place and already hold a full licence. I have HGV entitlements aswell, does this mean I won't have to go in front of the traffic commissioner for this entitlement to be restored, as it would appear that I haven't actually been banned in the first place?

Thanks,
Ian

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do you have your licence or did you send it back to DVLA? also, do you have a record of your sentence from the court?
Question Author
I still have the licence as it was never revoked. I was just told the punishments by the judge and was sent to prison, but they never once asked me for my licence. I have not sat behind the wheel of any vehicle in nearly 3 years.
Question Author
Sorry, I also don't have any records of my sentence from the court.
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Eddie.. he went to prison!
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I would suggest contacting the court to clear this up. A DVLA or court clerk admin error does not negate the fact that a court judgement was passed. That judgement still exists even if DVLA have not recorded it on their database and to rely upon any possible admin errors in regard of your legal entitlements to drive (e.g. choosing to ignore a retest order) could have serious ramifications.

These accounts makes interesting reading...
http://www.theanswerb...w/Question522290.html
It will still be registered on the pnc though, ring the police station up to check if you are still banned, or obtain a copy of your police record.
As has been stated here (and in the earlier post) it is the order of the court that counts and any clerical errors or similar mistakes do not negate that order.

Interestingly the PNC records are deemed insufficient when the prosecution seeks to prove a case of driving whilst disqualified. They have to prove to magistrates that the defendant was disquaified and can only do this by way of the court record of the disqualification.
Question Author
I was found guilty on the 25th june and the prosecuter suggested to the judge that I had my licence taken away there and then but the judge said he would make a decision on the date of my sentence which was on the 20th july (1 month later). That was the day he gave me the 3 year ban with the 9 points and the retest order, aswell as sending me to prison. At no point was I asked for my licence, and I was in no position to hand it over anyway as I was taken straight down.
Question Author
New Judge, I do undersatand it would be illegal to drive whilst i'm still disqualified, but what happenes when the ban has legally expired?

Regards,
Ian
When the ban expires you are required to pass a retest before you regain your licence.
You will only need to take a retest if it was ordered by the court. For some offences (e.g. Dangerous Driving) this is mandatory, and in this case an extended retest is needed. For others it is discreionary and is not normally ordered unless matters of safety, usually connected with your fitness to drive, arae in question
"I was banned from driving in 2007 for 3 years with 9 points and ordred to take a retest..."
Yes I must be getting old. Apologies.

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