Lawyer Destroyer

Yes, a private parking company can take you to court, and many do. Here is the legal and practical position. Legal basis: Private parking charges are treated as a matter of contract law rather than criminal law. When you park on private land, the theory is that you enter into a contract with the landowner … Read more

This is one of the most common legal questions people have, and the answer is more nuanced than most people realise. The key distinction: public vs private parking charges A penalty charge notice issued by a local council or Transport for London is a statutory penalty with direct enforcement powers. A private parking charge, which … Read more

Yes, you can dispute a private parking charge notice, and many people do so successfully. Here is an overview of the legal position and your practical options. Understanding what you are dealing with: A private parking charge notice is not the same as a penalty charge notice issued by a local authority or the police. … Read more

This is a common and often frustrating situation. The answer depends on several factors, but the legal position is more nuanced than many hire car companies would have you believe. The general position: When you hire a car, you enter into a contract with the hire company. That contract will typically include terms about your … Read more

Short answer: Yes, in most cases a hire company can lawfully charge an administration fee when they receive a parking or traffic penalty relating to your rental period, provided the charge is set out in the hire agreement you signed and is a genuine reflection of their administrative work. Whether a particular fee is fair … Read more

Speeding tickets in rental cars follow a fairly standard process in England and Wales, though there are a few layers to be aware of. How the process works: The speeding offence is typically captured by a speed camera or by a police officer. The Notice of Intended Prosecution (NIP) must be served on the registered … Read more

This is a question that comes up quite often and the answer depends on whether you have points or a ban, and which country you are travelling to. Driving abroad with penalty points but no ban: If you hold a valid UK driving licence and have penalty points on it but are not currently disqualified, … Read more

Exchanging a foreign driving licence for a UK licence: Whether you can exchange your foreign driving licence depends on where it was issued. The rules differ depending on the category of country. Designated countries (full exchange without a driving test): If your licence was issued by one of the designated countries, you can exchange it … Read more

This is an area where the rules differ depending on the type of licence you hold and your residency status. Here is a plain summary of the current position. EU, EEA, and Swiss licence holders: Following Brexit, the rules changed. If you became resident in Great Britain on or after 1 January 2021, you can … Read more

This is a common question and the answer depends on several factors, including your residency status, the country that issued your licence, and how long you have been in the UK. General position: If you are a visitor to the UK (that is, you are not normally resident here), you can generally drive in the … Read more

This depends on exactly what you mean by your licence "expiring", because there are a few different situations and the consequences vary quite a lot. Photocard renewal (every 10 years): Your driving licence photocard must be renewed every 10 years, but this is an administrative requirement to update your photograph and personal details. Your underlying … Read more

This is a common question and the answer depends on exactly which type of renewal you are waiting for. Driving while a renewal application is pending with the DVLA: The general rule is that you can continue to drive while waiting for the DVLA to process a renewal application, but only if certain conditions are … Read more

Appealing a DVLA decision to revoke or refuse your driving licence Legal basis: The right to appeal a DVLA licensing decision comes from section 100 of the Road Traffic Act 1988. This gives you the right to appeal to a Magistrates' Court (in England and Wales) against a decision by the Secretary of State (acting … Read more

Yes, the DVLA has the power to revoke or refuse a driving licence on medical grounds. This is one of its core statutory functions and it takes this responsibility seriously. Legal basis: The power comes from the Road Traffic Act 1988, primarily sections 92 to 99. Section 92 sets out that a licence must not … Read more

This is a really important area because failing to notify the DVLA when you are required to can have serious consequences, both legal and practical. The legal obligation: Under section 94 of the Road Traffic Act 1988, you must notify the DVLA if you have a "notifiable" medical condition or disability that could affect your … Read more

This is a really important question, and the answer depends on precisely what you mean by "below the legal limit" and which substance is involved. Legal framework: Drug-driving in England and Wales is governed primarily by section 5A of the Road Traffic Act 1988, which was inserted by the Crime and Courts Act 2013. This … Read more

This depends heavily on the context in which the test is carried out. The legal and practical consequences vary significantly depending on whether this is a roadside drug test, a workplace drug test, or something else entirely. Driving and roadside drug testing: Under the Drug Driving (Specified Limits) (England and Wales) Regulations 2014 and section … Read more

This is an important question and the answer is nuanced. Yes, you can be convicted of drug driving even if the drugs were prescribed medication, but there is a specific statutory defence available to you. The legal framework: Drug driving is governed by section 5A of the Road Traffic Act 1988, which was inserted by … Read more

Drunk in charge of a vehicle: This is a statutory offence under section 5(1)(b) of the Road Traffic Act 1988. It is committed when a person is in charge of a motor vehicle on a road or other public place and the proportion of alcohol in their breath, blood, or urine exceeds the prescribed limit. … Read more

This is a question that comes up surprisingly often, and the answer is more nuanced than most people expect. The key legal position: The offence under section 5(1)(b) of the Road Traffic Act 1988 makes it an offence to be "in charge of" a motor vehicle on a road or other public place while over … Read more