EDWARD STUART NELSON t/a E S NELSON TRANSPORT

Judge Mark Hinchliffe, Deputy Chamber President (HESC); Judge of the Upper Tribunal.

This was an appeal from the decision of the Deputy Traffic Commissioner for the Western Traffic Area made on 23 November 2011 when he directed the immediate revocation of the operator�s Standard National goods vehicle operator�s licence, authorising 1 vehicle and 1 trailer, under Section 26(1)(b) and (h), and Section 27(1))b) of the Goods Vehicles (Licensing of Operators) Act 1995.

The factual background to this appeal appears from the documents, and the Deputy Traffic Commissioner�s decision and is as follows:

(i) The Appellant is the holder of a Standard National goods vehicle operator�s licence, authorising 1 vehicle and 1 trailer. This license was granted in June 2010 with a condition attached that the operator must provide evidence of appropriate financial standing by 31 December 2010. The condition specified that bank statements etc should cover the months of September to November 2010, inclusive. At that time, the operator was required to demonstrate access to readily available capital and reserves in the sum of �8,100.

(ii) The condition was not complied with and so, on 4 March 2011, the Office of the Traffic Commissioner (OTC) wrote to the operator requesting the necessary information. No response was forthcoming. The OTC then emailed the operator and called him by telephone. The mobile number provided by the operator on his application form was not recognised.