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Licence terminated for not paying fees

27th May 2010, Page 22
27th May 2010
Page 22
Page 22, 27th May 2010 — Licence terminated for not paying fees
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Timely payment of licence fees is the responsibility of the operator, says tribunal.

AN OPERATOR THAT had its 0-licence revoked after failing to pay the continuation fee on time has lost its appeal against the decision.

Welshpool, Powys-based building firm TW&C Walton was sent a final reminder letter from VOSA dated 1 December 2009, warning that if the company failed to pay the amount of £391 by the end of that month, its licence would be terminated.

After VOSA had still not received payment on 15 January, it sent another letter confirming termination of the licence. Following this letter, the owners of TW&C Walton wrote to VOSA claiming they had never received the correspondence of 1 December.

However, in his decision dated 29 January, Nick Jones, Traffic Commissioner (TC) for the Welsh Traffic Area, said the December reminder letter had been sent to the correct address, after the postal strike had ended and before the start of the bad weather. He added that the licence disc would have shown the expiry date and it was the responsibility of the operator to ensure payment of the fee.

TW&C Walton — authorised for the use of one vehicle — told the appeal hearing that it had been operating on the licence for more than 30 years without any previous failure to meet the requirements of the TC and that they hoped it would be possible to "rectify this oversight" and continue to operate.

However, Michael Baxlrick, Upper Tribunal Judge, held that if the appellants wished to resume operating, they must first apply for a new licence.

He agreed with the TC that it was possible in this case to apply for an interim licence.

Tags

Organisations: Upper Tribunal
Locations: Powys

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