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r CASE TWO
Page 23
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Tribunal upholds decision to terminate licence
HIE TRANSPORT Tribunal has rejected an appeal by an owner-driver against the termination of his licence when he failed to pay the annual fee. It did not accept an explanation that payment was missed because the reminder went to the operator's old address.
North Western Traffic Commissioner Beverley Bell had concluded there were no exceptional circumstances surrounding the failure of Blackburnbased John Blackstock to pay for his 0-licence and thus disregard its automatic termination.
The fee for Blackstock's one vehicle licence was due on 30 November 2007 and the notice warned that failure to pay would result in termination. A reminder was sent but payment was not received and the licence terminated.
In July 2008, Blackstock's wife wrote to the TC saying that the family had moved in November 2007 and the reminder had obviously gone to their old address. She had been in poor health after the birth of their fourth child and her husband had sold his truck and stayed home to look after her. He now wanted to go back to work hut could not do so without a licence.
The TC decided that the application was too late. In addition, Blackstock had failed to notify his change of address and to have the vehicle removed from the licence. If the latter had been done, no annual fee would have been payable. She concluded that he would have to apply for a new licence.
In September, Mrs Blackstock sent a letter from the new occupant of her previous home saying that he remembered receiving the reminder but that he did not forward it until the end ofJanuary.