Subal Miah v The Registrar of Approved Driving Instructors [2025] UKFTT 1471 (GRC)

[2025] UKFTT 01471 (GRC)Case Reference: FT/D/2025/0677
First-tier Tribunal
(General Regulatory Chamber)
Hearing Heard on: 2 December 2025Date 4 December 2025
Transport
Heard by Cloud Video Platform
Before
TRIBUNAL JUDGE T BARRETT
Between
Subal miahAppellantTHE REGISTRAR OF APPROVEDRespondentDRIVING INSTRUCTORSRespondentDecision: The proceedings are struck out under Rule 8(3)(c) of The Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009.A hearing in this matter was scheduled for 11am on 2 December 2025 via CVP but neither the Appellant nor the Respondent (in line with its usual practice) attended. The Tribunal considered all the papers and was satisfied that it was fair and just to conduct the hearing in this way.REASONS
[1]The Appellant lodged their appeal against refusal of a third Trainee licence using the GRC1 form on 25 June 2025.[2]On 30 October 2025, the Respondent filed a GRC5 inviting the Tribunal to strike out the appeal under Rule 8(3)(c) on the basis that the appeal has no reasonable prospects of success. The Respondent stated that Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations stipulates that a trainee licence expires the day following the trainee’s third unsuccessful attempt at the instructional ability test and that, according to his records, the Appellant has failed that test for the third time on 29 October 2025.[3]On 17 November 2025, Registrar Bringhurst gave the following directions:
“By no later than 01 December 2025 the Appellant should provide to the Tribunal: i. Any representations as to why you consider the Tribunal should not strike out your appeal; OR ii. Confirmation you wish to withdraw your appeal” i. Any representations as to why you consider the Tribunal should not strike out your appeal; OR ii. Confirmation you wish to withdraw your appeal”
[4]No further documents or correspondence were served on the Tribunal by the Appellant.[5]The case was listed for hearing on 2 December 2025. Neither party attended the hearing.[6]The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 state: 8. (3) The Tribunal may strike out the whole or a part of the proceedings if—(a) 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 or part of them;(b) the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or(c) the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.[7]I conclude that the test under Rule 8(3)(c) is met: there is no reasonable prospect of the Appellant’s case succeeding. I accept the Respondent’s evidence that the Appellant failed their third attempt at the test on 29 October 2025 (the Appellant has been given various opportunities to dispute this and has not done so). As such, and in accordance with Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations, the Appellant is no longer permitted to take further instructions for reward or payment. As such the appeal must fail.[8]The overriding objective in Rule 2 of the Procedure Rules requires the Tribunal to deal with cases fairly and justly. For completeness, I add that I find it is fair and just to strike out the proceedings. The Appellant has now had the opportunity to let the Tribunal know if they dispute the Respondent’s claim that the Appellant has failed the instructional ability test for a third time. They have also completely failed to comply with the clear directions of Registrar Bringhurst or engage with the Tribunal in recent months. They have not provided any explanation for the failure. They have not provided any reason why the appeal should not be struck out. Signed Tribunal Judge T Barrett Date: 2 December 2025