Mr Daren Michael Smith trading as DMS Scaffolding
| Jurisdiction | UK Non-devolved |
| Judge | Judge Hemingway |
| Neutral Citation | [2016] UKUT 532 (AAC),[2016] UKUT 532 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Transport - Traffic Commissioner,DoE (NI) Appeals,DoE (NI) Appeals - Disqualification,DoE (NI) Appeals - Financial Standing,DoE (NI) Appeals - Repute,Fitness,DoE (NI) Appeals - Restricted Licences,DoE (NI) Appeals - Revocation,Suspension,Curtailment,Hemingway,M |
| Date | 08 November 2016 |
| Published date | 12 December 2016 |
[2016] UKUT 0532 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. T/2016/39
ADMINISTRATIVE APPEALS CHAMBER
(TRAFFIC COMMISSIONER APPEALS)
ON APPEAL from the DECISION of Mr Nicholas Denton, TRAFFIC COMMISSIONER
for the South East of England
Dated: 8 July 2016
Before: Mr M R Hemingway Judge of the Upper Tribunal
Mr L Milliken Member of the Upper Tribunal
Mr D Rawsthorn Member of the Upper Tribunal
Appellant: Mr Daren Michael Smith Trading as DMS Scaffolding
Attendances:
For the Appellant: In person
For the Respondent: No attendance
Heard at: Field House, Bream’s Buildings, London, EC4A 1DZ
Date of Hearing: 4 October 2016
Date of Decision: 7 November 2016
DECISION OF THE UPPER TRIBUNAL
IT IS HEREBY ORDERED that:
(i) The appeal against revocation of the licence be DISMISSED.
(ii) The appeal against disqualification be DISMISSED.
Subject matter:
Restricted licence; fitness; financial requirements; vehicle maintenance records; failure to operate
from declared operating centre; overloading; whether revocation proportionate; whether
disqualification proportionate.
Cases referred to:
Bradley Fold Travel Limited and Peter Wright v Secretary of State for Transport (2010) EWCA
Civ 695; Priority Freight 2009/225; Bryan Haulage (No. 2) 2002/217.
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