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This appeal is dismissed
This appeal is dismissed.
Subject matter: restricted operator’s licence / financial resources / status of Senior Traffic Commissioner’s directions
Caselaw referred to: Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223.
DECISION
The decision of the Upper Tribunal is to refuse the appeal.
The decision of the Traffic Commissioner for the Wales Traffic Area, taken on 29 March 2023 (ref. OG2063295) involved no error of fact or law. Under section 37(1) of the Goods Vehicles (Licensing of Operators) Act 1995, the Upper Tribunal dismisses this appeal.
REASONS FOR DECISION
Background
On 29 March 2023, the Traffic Commissioner refused the Appellant’s application for a restricted licence under the Goods Vehicles (Licensing of Operators) Act 1995. Mr J Morgan, who represented the Appellant before the Upper Tribunal, is a director of the Appellant company.
The Traffic Commissioner gave the following reasons for refusing the Appellant’s application:
“The financial information provided was not acceptable because you had submitted an online application on the 08/02/2023 seeking a restricted licence with an authorisation of one vehicle.
Submitted with the application was evidence of an advertisement and a screen shot of the company’s bank account which could not be accepted.
A first letter issued 09/02/2023 requesting the original bank statements covering a required 28 day period.
On the 18/02/2023 you had uploaded a bank statement to the application which only covered a 9 day period.
A final letter was then issued on the 23/02/2023 seeking statements covering the period from the 16/01/2023 to 06/02/2023 as well as giving you an option to provide the most recent 28 days.
Following no response an email was then sent to [email protected] on the 09/03/2023 again requesting the bank statements.
No response has been received.
Therefore, you have failed to demonstrate that you meet the requirements of section 13D of the Act, which requires that there are sufficient financial resources for maintaining vehicles in a fit and serviceable condition.”