NCN: [2026] UKFTT 00732 (GRC) | Case No. FT/D/2026/0008 |
 | In the First-tier Tribunal (General Regulatory Chamber) Transport |
Before: Judge Mornington
Appellant: Mark Damsa
Respondent(s): The Registrar of Approved Driving Instructors
Determined on the papers
Decision:
1. The Appeal is struck out.
REASONS
On 30 December 2025, the Appellant filed a GRC1 to appeal against a refusal by the Respondent to grant a further trainee license.
On 15 May 2026 prior to the hearing listed for the same date, the Respondent filed a GRC5 inviting the Tribunal to strike out the appeal under Rule 8(3)(c) on the basis that the appeal has no reasonable prospect of success.
The Respondent stated that Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations stipulate that a trainee license expires the day following the trainee’s third unsuccessful attempt at the instructional ability test and that, according to his records, the Appellant had failed that test for the third time on 14 May 2026.
On 15 May 2026, the Appellant was telephoned by the Tribunal clerks to confirm attendance at the hearing listed for 2pm. The Tribunal clerk made clear to the Appellant that the Respondent’s application to strike out the appeal would be dealt with at the hearing. The Appellant advised that he would not be in attendance and accordingly has declined to make submissions in response to the Respondent’s application.
Under Rule 8(3), the Tribunal may strike out a case where:
the Appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them;
the Appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or
the Tribunal considers there is no reasonable prospect of the Appellant's case, or part of it, succeeding.
The tests under Rule 8(3) (c) is met and the appeal is therefore struck out.
Signed: Judge Mornington
Date: 15 May 2026