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You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> McCall v DVSA [2025] UKFTT 309 (GRC) (12 March 2025) URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/309.html Cite as: [2025] UKFTT 309 (GRC) |
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Neutral Citation Number: [2025] UKFTT 309 (GRC) Case No. FT/D/2024/0228 Decision given on: 12 March 2025 |
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In the First-tier Tribunal (General Regulatory Chamber) Transport
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Before: District Judge Moan
Appellant: Leo McCall
Respondent: DVSA
Case Management Directions
(The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009)
It is recorded that:
1. The Appellant was warned that his application may be struck out on 17th July 2024. No response was received to that Order
It is ORDERED THAT:
2. The appeal is struck out under Rule 8(3)(c).
Reasons
The Tribunal warned the Appellant that it was considering striking his appeal as he failed Part 3 of the ADI test three times. In fact, it transpires that the Appellant had run out of time to complete his Part 3 assessment within the two-year period. The strike out warning was correct but the facts behind the Order were not.
The Appellant cannot succeed in this appeal due to the expiry of time. All three Parts of the test must be completed within two years of passing Part 1.
The Appellant has restarted the process and the two-year time limit has begun again in regard to that journey.
Signed: District Judge Moan sitting as First-Tier Tribunal Judge Moan
Date: 10th March 2025