[2024] UKUT 46 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 46 (AAC)

Fecha: 01-Ene-2024

Failure to consider other positive features

Failure to consider other positive features

55.

In our view, the points made as to the absence of any previous enforcement action and the 2020 records examination go slightly further than the absence of compliance issues on the maintenance side, but not a great deal further. The MOT history, in contrast, is a particular example of the absence of such issues. We also accept that there is some positive element in Mr. Griggs’s acceptance of his wrongdoing and his co-operation with the police, although it is of limited value by comparison with the negative weight which a lack of co-operation would have had. We do not agree, however, that any slight addition to the positive side of the balance ought to have outweighed the substantial negative side.