Litten's reply was too late for TC
Page 18
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The revocation of the licence held by Willand, Devon-based
Gary Litten after he failed to =.470-6.41 supply the Western Traffic Commissioner Christopher Heaps with details of his maintenance arrangements. has been upheld by the Transport Tribunal.
Litten, trading as T Junction Autospares, had appealed against the revocation of his eight-vehicle international licence, saying he was astounded his had lost his livelihood because of a delay, albeit a long one, in
The Tribunal said early in 1999 Litten's licence had automatically terminated through not paying the annual fee. The TC had decided there were exceptional circumstances and the termination should be disregarded.
In July the TC asked for details of his maintenance arrangements but he did not reply Reminders were sent later in July, in August and in September, when he was warned his failure to reply indicated a material change in circumstances. He was invited to make written representations within 21 days, and expressly warned that if he did not, the licence would be revoked.
wrote
aying he ed the c Area as a 'red ercise'
On 21 September Litten wrote to the Traffic Area, apologised and said he had replaced his fitter and gave some details of his new maintenance arrangements. The Traffic Area requested further information by 4 October and was told the following day the information would be sent immediately. No information was received and on 18 October the licence was revoked. On 19 October Litten wrote again, apologising, saying he regarded the Traffic Area letters as a "redtape exercise" and he had relied on others to supply the details. He also said revocation was draconian for what was a technicality. The full details requested were sent the same day under separate cover but the TC refused to reconsider.
The Tribunal said the licensing system would be unworkable if all operators took a similar view of their obligations about supplying details to Commissioners. They felt Litten had been treated with courtesy and leniency and the TC had no alternative to revoking the licence.