FT/D/2025/0277/FPP - [2025] UKFTT 01245 (GRC)

The relevant facts

On 26 July 2023, the Registrar received a complaint concerning the appellant’s business dealings. The complainant stated that she had paid £350 for 10 hours of tuition and wished to claim a refund for the unused 9 hours. The Registrar subsequently contacted the Appellant.

The Appellant wrote back to the Registrar on 24 August 2023 stating that the complaint had since been resolved and the complainant received a refund. He stated that the pupil had purchased a block of 10 hours but it was clear that she would not be ready for her booked test and there was some difficulty in continuing lessons as she moved away. The Appellant stated “I did have a look at the consumer rights act and from what I can see it says customers have 14 day grace period to cancel or get a refund, as this time had passed and it wasn’t my fault that the pupil wouldn’t be ready or was moving out of the city. So therefore to begin with I did refuse to refund the pupil.”.

The Registrar received a second complaint on 30 May 2024 that the Appellant had cancelled lessons, failed to answer messages and calls and owed the complainant 4 hours from a block booking. The Registrar subsequently again contacted the Appellant.

The Appellant responded to the Registrar on 20 August 2024 stating that he had been ill and had been having really bad chest pains every morning for a few months. He said “I’m not sure why my phone number hasn’t updated on the website as I did go on and change it quite a few months ago so the number [complainant] has given to contact me is incorrect. If she can contact me on [new number] I’ll happily refund any remaining hours she has with me.”

On 25 August 2024, the Registrar received a third complaint that the Appellant had not provided the service that was paid for as well as disappearing completely after the complainant had made a complaint to the Appellant personally.

The Registrar notified the Appellant on 29 November 2024 that he was considering removing his name from the Register on the grounds that he had ceased to be a fit and proper person to appear on it. The Appellant was invited to make representations.

A fourth complaint was received on 9 November 2024 concerning the Appellant cancelling lessons at short notice and monies owed for lessons that he had failed to fit in prior to the complainant’s driving test. A fifth complaint was received on 29 November 2024 concerning monies owed and failure to respond to calls.

The Registrar wrote to the Appellant again on 18 December 2024 giving him further notice that he was considering removing him from the Register and inviting him to make representations within 28 days. The Appellant did not make representations.

The Registrar gave notice on 3 February 2025 that he had decided to remove the Appellant from the Register.