Appeal fails to shift revocation decision

Chris Tindall
January 28, 2023

A Cumbrian operator that had its licence revoked after failing on two separate occasions to demonstrate financial standing has now had an appeal dismissed. Christopher Brown, sole director of Shift-It Groundworks, requested a period of grace from the TC after the financial evidence it provided fell short of the average £8,000 required to operate one vehicle. The request was granted, but on the second occasion, the bank statements revealed an average of £7,291 – a greater shortfall than the first time around. The licence was subsequently revoked, but Brown appealed to the upper tribunal, on the grounds that the TC did not take into account £10,000 of business credit in the form of a Capital-on-Tap credit card it had access to. Brown also claimed it had agreements in place with garages and tyre providers that would enable it to meet its financial liabilities at a later date.

However, the appeal tribunal said the TC could not be faulted for not taking into account “a bare assertion as to the availability of such finance”. It said: “The appellant has twice provided evidence in the form of bank statements for a continuous three-month period but, on each occasion, the evidence did not show available funds, on average, throughout the period. Revocation followed logically from that failure.”

About the Author


Chris Tindall

Chris Tindall started writing for the haulage and logistics industry in 2002 and has covered a broad range of significant issues, including GPS jamming by criminals, platooning and Brexit.

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