On appeal from the Decision of Sarah Bell, Traffic Commissioner for the South East & Metropolitan Traffic Area dated 3rd 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
This is an appeal from the decision of the Traffic Commissioner for the South Eastern & Metropolitan Traffic Area (made by delegated authority) dated 3rd September 2021 in which the Appellants’ licence was revoked.
An Appellant’s Notice was received by the Tribunal on 8th 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.
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
4th December 2022