First-tier Tribunal (General Regulatory Chamber)

NCN [2025] UKFTT 47 (GRC).

 Case Reference D/2023/454

First-tier Tribunal

General Regulatory Chamber

Transport

 

Determined in Chambers on 6 January 2025

Decision given on: 7 January 2025

Before

 

TRIBUNAL JUDGE FINDLAY

 

Between

 

MARTIN KEATTCH

Appellant

and

 

DRIVER AND VEHICLE STANDARDS AGENCY

Respondent

 

Decision: The appeal is struck out under Rule 8(1) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 ("the Rules").

 

 

REASONS

 

1.      The Appellant lodged an appeal using the GRC1 form with the Tribunal on 22 September 2023. The appeal was incomplete because the Appellant did not include with the appeal a copy of the decision he is seeking to challenge.

2.      Rule 22(3) of the Rules provides that if the proceedings challenge a decision, the Appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the Appellant has or can reasonably obtain.

3.      The Tribunal requested on 29 September 2023 and 13 March 2024 that the Appellant provide a copy of the dated decision notice issued by the Respondent which he seeks to challenge.

4.      The Appellant has failed to comply with the requests and provided only typed reproductions.

5.      On 5 July 2024 Case Management Directions were issued directing the Appellant to provide a copy of the dated decision notice of the Registrar for Approved Driving Instructors by no later than 12 July 2024.. The Appellant was notified that a failure to comply with the direction would result in the appeal being struck out for failing to comply with a direction without further direction pursuant to Rule 8(1).

6.      The Appellant has failed to comply with the Case Management Directions dated 5 July 2024.

7.      There are grounds to strike out the proceedings because the Appellant has failed to comply with a direction which stated that failure by the Appellant to comply with the direction could lead to the striking out of the proceedings.

8.      The Appellant may apply for the proceedings to be reinstated under Rules 8(5) and (6) of the Rules. The application must be in writing and be received by the Tribunal within 28 days after the date on which this Decision is issued.

 

 

Signed: J Findlay                                                                                  Date: 6 January 2025