By using this site, you agree to the Privacy Policy and Terms & Conditions.
Accept
routeonerouteonerouteone
  • News
    • Show all
    • Awards & Events
    • Deliveries
    • Environment
    • Exhibitor News
    • Euro Bus Expo 2024
    • Features
    • Legal
    • Minibus and minicoach
    • Operators
    • Opinion
    • People
    • Suppliers
    • Vehicles
  • Vehicles
    • Find a Vehicle
    • ZEV Comparison Tool
    • Sell a Vehicle
    • Vehicle Seller Dashboard
  • Insights
  • Careers
  • Events
    • British Tourism & Travel Show
    • Euro Bus Expo
    • Innovation Challenge
    • Livery Competition
    • routeone Awards
  • Advertise
  • Contact
    • Share your news
    • Subscribe
    • Update Subscription Details
  • Latest Issue
  • SIGN UP
Search
© 2024 routeone News. All Rights Reserved.
Reading: Revocation after financial period of grace expired upheld
Share
Font ResizerAa
routeonerouteone
Font ResizerAa
Search
  • News
    • Show all
    • Awards & Events
    • Deliveries
    • Environment
    • Exhibitor News
    • Euro Bus Expo 2024
    • Features
    • Legal
    • Minibus and minicoach
    • Operators
    • Opinion
    • People
    • Suppliers
    • Vehicles
  • Vehicles
    • Find a Vehicle
    • ZEV Comparison Tool
    • Sell a Vehicle
    • Vehicle Seller Dashboard
  • Insights
  • Careers
  • Events
    • British Tourism & Travel Show
    • Euro Bus Expo
    • Innovation Challenge
    • Livery Competition
    • routeone Awards
  • Advertise
  • Contact
    • Share your news
    • Subscribe
    • Update Subscription Details
  • Latest Issue
  • SIGN UP
Follow US
© 2024 routeone News | Powered by Diversified Business Communications UK Ltd
- Advertisement -
-
routeone > Legal > Revocation after financial period of grace expired upheld
LegalNews

Revocation after financial period of grace expired upheld

Mike Jewell
Mike Jewell
Published: November 21, 2022
Share
SHARE

The revocation of the international licence held by Harris Travel by TC Gerallt Evans has been upheld by the Upper Tribunal

The revocation of the international O-Licence held by Blackburn-based Harris Travel by TC for the North West of England Gerallt Evans – after the operator failed to submit the required financial evidence before the expiry of a period of grace – has been upheld by the Upper Tribunal.

The company had been called before Deputy Traffic Commissioner (DTC) Miles Dorrington because of concerns over finance, operating for a period without a Transport Manager, failing to co-operate with the OTC, and failings in respect to the driver defect reporting requirements.

The DTC cut the number of vehicles authorised on the licence from 15 to 11, and gave the company a period of grace to satisfy the financial requirements.

A letter subsequently revoking the licence said that the TC had noted that the evidence submitted by the company did not show financial standing from the documents sent in, and that it had been left in no doubt by the DTC of the expectation and the clear deadline. Consequently, it had failed to show financial standing by the expiry of the period of grace. The TC did not consider that any further extension of time was appropriate as the company had been given sufficient opportunity and direction so far and he was not convinced any further time would realistically improve the position.

Sole Director Asif Din sent some further material to the OTC, but only after the decision to revoke the licence had been made which the OTC made clear had been submitted too late.

Dismissing the appeal, the Upper Tribunal said that it was not permitted to take into consideration any circumstances which did not exist at the time of the determination, which was the subject of the appeal. Put another way, in order to succeed, an appellant must show that the process of reasoning and the application of the law at the time the decision was made required the Upper Tribunal to take a different view.

Here, there had been a previous determination by a DTC following a PI, at which matters had been carefully examined, to the effect that the company did not meet the financial standing requirements. That decision was not the subject of challenge. It had not been asserted that that decision was in any sense wrongly made. Revocation would otherwise have followed at that stage, but a period of grace was given. However, that decision made it very clear what was required in terms of financial evidence. Bank statements were required covering the complete months of June, July and August 2021, and the financial material which was to be submitted was required to comply with the requirements set out in the Senior TC’s statutory guidance.

The company had failed to show that the financial standing requirement was met. That was so not only on the basis of the material before the TC, but also on the basis of the retrospectively produced documentation.

Share This Article
Facebook LinkedIn Threads Email Copy Link
Previous Article Pay and rates growth: Are they bringing fresh change?
Next Article Senior TC Richard Turfitt hits back at Gareth Llewellyn's comments Revocation without PI quashed
- Advertisement -

Latest News

Go-Ahead London – Managing Director
Careers Jobs
andy burnham tfgm £15.6 billion (1) The funding announced by Chancellor Rachel Reeves today (4 June) has been allocated to several combined mayoral authorities to use on rail, tram, road and bus infrastructure. Transport for Greater Manchester revealed today that part of the £2.5 billion it will receive will go towards making the Bee Network fully battery-electric by 2030. An as-yet undecided portion of that will support a planned investment in 1,000 new zero-emission buses over that period, the mayoral authority said. That is part of plans to build the UK's "first fully integrated, zero-emission public transport system", with trams and trains also set to benefit. Liverpool City Region's already announced BRT system is among the projects to which its £1.6 billion will be allocated. Under those plans - due for realisation by 2028 - a high-speed network will be served by articulated buses which are modelled on the 'Glider' in Belfast. It is due to link Liverpool city centre with John Lennon Airport, and Liverpool FC and Everton FC's respective stadia along three routes. Although the model of bus has not been confirmed, a Van Hool Exqui.City on loan from Belfast was last year used as a demonstrator. That 18m vehicle can accommodate around 30% more passengers than a typical bus and has three sets of double doors. The funding will also go towards buses elsewhere in the city as the region heads towards franchising services by 2027. Liverpool Mayor Steve Rotheram with a 'Glider' which was on loan from Belfast last year - an example of the sort of bus which could serve the new BRT Bus services in the East Midlands region will be boosted by the funding, thanks to the £2 billion handed to it today by the government. Some of that allocation will be used for a rapid transit network on the Trent Arc between Nottingham and Derby. Between the two cities, the Freeport, Infinity Park Investment Zone and Ratcliffe-on-Soar will also benefit from the improved bus services. South Yorkshire Mayoral Combined Authority's newly announced commitment towards bus franchising has been boosted by £350 million in funding as part of that region's allocation. The funding for West Yorkshire will help build new bus stations in Bradford and Wakefield. Likewise, the Tees Valley Mayoral Authority will put its sum towards a new £15 million bus station in Middlesbrough. Transport Secretary Heidi Alexander says: "Today marks a watershed moment on our journey to improving transport across the North and Midlands – opening up access to jobs, growing the economy and driving up quality of life as we deliver our Plan for Change. "For too long, people in the North and Midlands have been locked out of the investment they deserve. With £15.6bn of government investment, we’re giving local leaders the means to drive cities, towns and communities forward, investing in Britain’s renewal so you and your family are better off."
TfGM’s all-electric bus plan boosted by new £15.6 billion package
News
Local Transport Minister opens First Bus electric depot in Hengrove
Local Transport Minister opens First Bus electric depot in Hengrove
Bus
Contract pricing conundrum for coach and bus
Contract pricing conundrum: Unlikely to get easier any time soon
Editor's Comment
- Advertisement -
-

routeone magazine is the indispensable resource for professional UK coach, bus and minibus operators. The home of vehicle sales and the latest bus and coach job vacancies, routeone connects professional PCV operators with complete and unrivalled news coverage.

  • Terms & Conditions
  • Privacy Policy
  • GDPR Policy
  • Sustainability
  • Advertise
  • Latest Issue
  • Share Your News
routeonerouteone
Follow US
© 2024 routeone News | Powered by Diversified Business Communications UK Ltd