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| RockJaw Member Since: 15 Oct 2013 Location: United States Posts: 317   
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Steve, you seem to be quite adversarial about this all. By all means blow cool wind up their butts, really, I don't care. Once an administrative act has been completed it is known as "functus oficio", completed, unalterable unless by other due process, that's it, it really is over and done with and not even the "Rex" or "Regina" in your Crown can change that fact. I have been lectured on English Administrative law by the best Steve, and I also pay the best to keep me well lectured. There is no requirement to respond to a "notice" of the DVLA UNLESS the notice is itself issued in the proper form. Attempting to amend or alter a past administrative act does not satisfy the minimum requirements of "proper form" and for all intents and purposes the DVLA may as well have sent Mrs Puddles a notice of her recent recognition to the status of Queen of England, which would be about as recognisable in law as attempting to cancel her perfectly valid licence. Look up "functus oficio" and find that it means that once the administrative act has been completed (ie when they ISSUED the licence) that's it, their function is OVER. They could stand on their heads and whistle "Mary Noggins was a Horseradish" up their kilts, but no further act or omission on their part has ANY further effect on the status of Mrs Puddle until the end of her original period granted for her licence EXCEPT 1- by act of Parliament or 2- Order handed down by the bench (Judiciary) Now THAT is how simple I find it. You are right about one thing though, the DVLA needs a response, but the response should not be "Oh please pretty please don't hurt me" but rather "... you are in the process of screwing up so either explain yourselves properly or go away" ****CENSORED**** Last edited by RockJaw on 24th Apr 2014 6:11pm. Edited 2 times in total |
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24th Apr 2014 5:58pm |
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| blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 16862  
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What date is actually shown in field 4b on the licence?
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24th Apr 2014 6:05pm |
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| What puddle? Member Since: 25 Oct 2013 Location: Reading Posts: 952
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The date shown is 2017.
They have emailed her today to say it was mistake. They have told her to ignore the form and destroy it. They have even apologised! Many thanks for all the advice - on both sides. I can see the point in staying safe, but I am of the kind that has a healthy disrespect for authoritarian bodies. Now left. |
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24th Apr 2014 6:38pm |
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| RockJaw Member Since: 15 Oct 2013 Location: United States Posts: 317
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Pleased it worked out for you puddles - at least they apologised - imagine if the idiot who screwed up was no better than the person who realised the mess and fixed it? You'd be running up and down like a honeymoon nightdress by now. I bet Mrs Puddles is relieved too!  ****CENSORED**** |
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24th Apr 2014 6:45pm |
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| Steveraspberry Member Since: 31 Oct 2013 Location: Sevenoaks Posts: 75 
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Glad you got it sorted Mr P! Happy for you. Glad it didn't have to get into a
 contest with the DVLA!
Best, Steve  MY 90 King Cab 90 with well, loads of kit really. - SOLD
MY 02 D2 ES Black - The next project MY 14 D4 HSE Loire Blue - Mine MY 14 D4 HSE Corris Grey - Alis' MY 08 G4 D3 Genuine one of the 66. Gone but missed quite a bit Free Spirit Carbon Fibre wheelchair Large GSD called Abbs Small GSD called Bailey |
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24th Apr 2014 6:59pm |
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| RockJaw Member Since: 15 Oct 2013 Location: United States Posts: 317
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Steve, if you feel affronted and if I am the cause just tell me how to fix it and I will fix it. Voicing an opinion should not cause anyone else any discomfort, but good manners and civility should also not be an excuse for self censorship either. If I owe you an apology, say so, I will give you one, but you don't appear to be the sort of person who injures that easily. ****CENSORED**** |
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24th Apr 2014 7:30pm |
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| Steveraspberry Member Since: 31 Oct 2013 Location: Sevenoaks Posts: 75
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No need fella, you're right, I don't take offence easily.
All good fun, a bit of spirited discussion never hurt anyone! MY 90 King Cab 90 with well, loads of kit really. - SOLD
MY 02 D2 ES Black - The next project MY 14 D4 HSE Loire Blue - Mine MY 14 D4 HSE Corris Grey - Alis' MY 08 G4 D3 Genuine one of the 66. Gone but missed quite a bit Free Spirit Carbon Fibre wheelchair Large GSD called Abbs Small GSD called Bailey |
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24th Apr 2014 7:37pm |
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| RockJaw Member Since: 15 Oct 2013 Location: United States Posts: 317
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 Thanks Steve!
Sounds stupid, I know, but I am quite relieved you feel that way. I owe you one! ****CENSORED**** |
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24th Apr 2014 7:46pm |
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| jimbob7 Member Since: 06 Jul 2013 Location: uk Posts: 2055 |
If it is a mistake it is their mistake not Puddle's. It really is that simple. ![/quote] ---------------------------------------------------------------------------- Not always,DVLA lost driving entitlements for a lot of drivers a few years back,drivers who had gained extra driving qualifications,(motorcycle licence,HGV etc.)Or after a medical renewal,suddenly lost other licence entitlements. People were forced to re-take their driving tests,including a long serving Police motorcycle rider who re-took his test on his official Police bike,despite being employed as a bike rider and his employer (the Police)being legally obliged to regularly check his driving licence (in this case, a photocopy at least once a year,where I work 3 times a year) it wasn't good enough to get him his licence back. Pov.spec,ftw. 2006, 110,TD5. |
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24th Apr 2014 8:17pm |
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| Steveraspberry Member Since: 31 Oct 2013 Location: Sevenoaks Posts: 75
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No worries this end Rockjaw
You don't owe me anything mate but nice of you to say it
Jimbob, I heard about that. I believe the police rider took his test at Hornchurch. It sounds crazy but it all actually happened. When I got my licence back after my accident, they too away my 7.5 tonne entitlement but allowed me to keep my motorcycle licence! Not much chance of me ever riding a bike again, certainly not on the road anyway  MY 90 King Cab 90 with well, loads of kit really. - SOLD
MY 02 D2 ES Black - The next project MY 14 D4 HSE Loire Blue - Mine MY 14 D4 HSE Corris Grey - Alis' MY 08 G4 D3 Genuine one of the 66. Gone but missed quite a bit Free Spirit Carbon Fibre wheelchair Large GSD called Abbs Small GSD called Bailey |
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24th Apr 2014 9:35pm |
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| RockJaw Member Since: 15 Oct 2013 Location: United States Posts: 317
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Jimbob, that hundreds of people, no, even thousands of people, will all blindly and unquestioningly queue up to give effect to the DVLA's screw up makes it no less a screw up. That thousands of people will all submit to the illegal and unlawful demands of an administrative body is no concern of mine, and yes, I agree with you, it happens all the time, but I disagree with you that it is "enforceable" simply because so many poor sods submitted to the screw up. Those people did not "lose" anything, they submitted - there is a huge difference. The policeman's employer, in your story, had the same obligation as any other employer, and when somebody threatens an employee's ability to work, the employer is obliged to assist where possible, so the minister of Police should have received a letter of demand from the copper as well in this situation, and the minister's reaction should have been a demand to the DVLA to sort out the mess or to face legal action from the that same Ministry, and not to turn on the poor copper, who had no fault in the whole fiasco. I can't talk about all those many begruntled and moaning people who stood in all those long queues to redo their licences, including that poor copper, but I will speak for myself when I say that I will not join those queues nor will I let them off the hook for their unlawful screw ups any more than they will let me off the hook for mine. If I have an entitlement enforceable under law, trust me, wild horses will not make me surrender that entitlement to some incompetent and officious little tw@t in some government office who screws up, no matter how many thousands of people around me all queue up to surrender their own rights and entitlements. PHUKKEM!!. More importantly, if I am challenged under those circumstances, and believe me, I have frequently been in these situations, I will win every time. Not to point fingers at the submissive members of our society who do their rods every time an administrative authority speaks, my flaw is I expect our government's administrators to obey our laws in exactly the same way they expect me to obey them. And yes, I am evil that way. Those people are civil servants, and I speak for nobody else when I say that none of them will become my master..... ever...... ****CENSORED**** |
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28th Apr 2014 1:34pm |
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