Upper Tribunal (Administrative Appeals Chamber)

[2022] UKUT 323 (AAC)

 

On appeal from the Decision of Sarah Bell, Traffic Commissioner for the South East & Metropolitan Traffic Area dated 3^rd September 2021

 

 

 

CHRIS DODD & JIM PYLE

Trading as Seaside Shuttlebus

 

 

Before:          Upper Tribunal Judge Her Honour Judge Beech

                        Specialist Member of the Upper Tribunal Richard Fry

                        Specialist Member of the Upper Tribunal Gary Roantree

 

 

Hearing date:            None

 

Representation:

Appellant:                  None

 

 

DECISION

 

 

The appeal is ALLOWED and the matter is remitted for redetermination on all issues

 

 

Subject Matter: Financial standing

 

Cases referred to: None

 

 

REASONS FOR DECISION

 

1.            This is an appeal from the decision of the Traffic Commissioner for the South Eastern & Metropolitan Traffic Area (made by delegated authority) dated 3^rd September 2021 in which the Appellants’ licence was revoked.

2.            An Appellant’s Notice was received by the Tribunal on 8^th October 2021.  In the lead up to the listing of this appeal, it became apparent that the appeal bundle was missing some important documents.  The request for the missing documentation caused the Traffic Commissioner to review the file and the appeal bundle.  As a result, the TC granted an immediate stay of the order of revocation and invited the Tribunal to allow the appeal and to remit the matter for redetermination on a number of issues.  There is no reason why the Tribunal should not accept that invitation. 

3.            In the circumstances, the Tribunal is satisfied that the appropriate course of action is to allow the appeal and remit the matter for redetermination on all issues.  The appeal is allowed.

 

                                                                                               

                                                                                                Her Honour Judge Beech                       

                                                                                                Judge of the Upper Tribunal     

4^th December 2022