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Tribunal concludes Advance appeal is totally groundless
Page 20
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A Stevenage man has failed in his appeal to overturn Eastern TC Geoffrey Simms' decision not to grant him an Operator's Licence.
Fabian Francis, trading as Advance, applied for a one-vehicle licence to cover himself if he ever had to hire a truck. His application was refused without a Public inquiry on the grounds that it was incomplete as he did not provide three months' bank statements.
Francis told the Tribunal he did not own any vehicles but he understood that he needed an 0-licence in order to remain within the law on the rare occasions he hired a vehicle.
Such an agreement, he said, required the rental company, and not the hirer, to meet all the maintenance and other expenses. Consequently, he could not understand why he had to provide bank statements like a licence applicant who owned vehicles.
Instead, he had obtained an overdraft facility to demonstrate that there was £4,300 available at all times. He was then surprised to be refused a licence on the grounds that he had not been able to show /4,300 in his bank account for the preceding three months.
This, he claimed, was unfair; he ran a small business which couldn't afford to keep such a sum idle for three months.
The Tribunal said that it could not understand why Francis had appealed. He could have complied with the requirements without keeping £4,300 in his bank account for three months by simply submitting three months' original bank statements. Those statements, together with his overdraft facility, could have shown that he had £4,300 available to him.
In conclusion, the Tribunal was unable to see what the Traffic Area Office had done wrong. Francis' problem, it said, was that by not submitting his bank statements, or explaining their absence, he had not got past first base.