(TRAFFIC COMMISSIONER APPEALS)
ON APPEAL FROM THE DECISION OF BEVERLEY BELL,
TRAFFIC COMMISSIONER for the NORTH WESTERNTRAFFIC AREA,
DATED 15 JUNE 2010
Before:
Judge Mark Hinchliffe,
Deputy Chamber President (HESC); Judge of the Upper Tribunal.
Patricia Steel
Member of the Upper Tribunal
David Yeomans
Member of the Upper Tribunal
Appellant:
DERBYSHIRE ROAD HAULAGE LTD
Attendance:
For the Appellant: No attendance
Date of decision: 22 October 2010
DECISION OF THE UPPER TRIBUNAL:
The appeal is dismissed
Subject Matter:
Financial Standing
Cases referred to:
None
REASONS FOR DECISION:
1) This was an appeal from the decision of the Traffic Commissioner for the North Western Traffic Area made on 15 June 2010 when she revoked the operator’s standard international operator’s licence, authorising 2 vehicle and 2 trailers under section 27(1)(b) of the Goods Vehicles (Licensing of Operators) Act 1995.
2) The factual background to this appeal appears from the documents, and the Traffic Commissioner’s decision and is as follows:
(i) The Appellant is the holder of a standard international operator’s licence, authorising 2 vehicle and 2 trailers. The licence was granted on 6 October 2008 with a condition attached that the company would provide further finances by 28 February 2009. No evidence was received and so letters were issued on 29 May 2009 and 3 July 2009 requesting bank statements showing access to £9,000 in readily available capital and reserves.
(ii) In response, the operator sent bank statements to Hillcrest House but these did not show that the requirement for financial standing was satisfied.
(iii) Consequently, the Office of the Traffic Commissioner wrote to the company on 8 April 2010 proposing to revoke the licence on grounds relating to the lack of financial standing, and offering to hold a public inquiry if a request was received within 28 days. The letter was sent by First Class and Recorded Delivery post. No reply or request was received. Accordingly, on 15 June 2010, the company was advised that the Traffic Commissioner had revoked the licence.
(iv) The Grounds of Appeal assert that “the forms was sent to Harehills”, and indicate that other correspondence was responded to.
3) At the hearing of this appeal, the Appellants failed to appear, and were not represented.
4) The operator has had every opportunity to demonstrate financial standing. The documentation sent to Hillcrest House, Harehills, Leeds did not demonstrate access to the required figure, having regard to the level of the actual overdraft against the overdraft facility. No further persuasive evidence has been received. There is nothing more that the Office of the Traffic Commissioner could have done.
5) The appeal is dismissed.
Judge Mark Hinchliffe, DCP
22 October 2010