Revocation upheld by Tribunal
Page 17
If you've noticed an error in this article please click here to report it so we can fix it.
Aberdeen-based Robert Mitten has lost his appeal against the revocation of his licence on financial grounds by Scottish Deputy Traffic Commissioner Richard McFarlane.
Milton, who held a licence for three vehicles and five trailers, had been called before the Deputy TC in December 1999 because of concern over his maintenance record and finances.
The Deputy TC decided not to take any action over mainout the year and with nothing tenance but required up-todate accounts, copies of bank statements and confirmation of the overdraft facility by the end of January 2000.
In February 2000 the Traffic Area Office wrote requiring the outstanding financial information to be produced within seven days. A number of documents were submitted, but the Traffic Area Office requested further specified information. This situation continued through forthcoming the Deputy TC decided to revoke the licence in December.
In his notice of appeal, Milton claimed to have had problems with his accountants but said he had now gone to someone else. But he failed to appear before the Transport Tribunal, saying his car had broken down on the way to the hearing,
Dismissing the appeal, the Tribunal said it was apparent that Milton had been given endless opportunities to provide the necessary information. "The information is in his possession and it was for him to establish that he met the financial standing requirement," said the Tribunal. "He has failed to do so.
"The Deputy Traffic Commissioner...was obliged to revoke where it appeared that the licence holder was not longer of the appropriate financial standing. The decision of the FCC was plainly correct."