UK case law
D Owler (t/a Owler Motor Services) v The Pensions Regulator
[2025] UKFTT GRC 1329 · First-tier Tribunal (General Regulatory Chamber) – Pensions · 2025
The verbatim text of this UK judgment. Sourced directly from The National Archives Find Case Law. Not an AI summary, not a paraphrase — every word below is the original ruling, under Crown copyright and the Open Government Licence v3.0.
Full judgment
The appeal is struck out under Rule 8(2)(a) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the Procedure Rules”). The Tribunal does not have jurisdiction in relation to the proceedings because there is no valid appeal. REASONS
1. The reference is in respect of a Fixed Penalty Notice issued under section 40 of the Pensions Act 2008 (“ PA 2008 ”). The reason for the decision to issue the Fixed Penalty Notice is that the Respondent is of the opinion that the Appellant failed to comply with the requirement of a Compliance Notice issued under section 35 PA 2008 on 29 December 2023 by the deadline of 8 February 2024.
2. Mr D Owler trading as Owler Motor Services is the Employer for the purposes of the Employer Duties under the PA 2008 . The Fixed Penalty Notice was issued to Mr D Owler T/A Owler Motors. Mr D Owler submitted that his father retired from the business in 2017.
3. Form GRC1 was signed by Mr Stephen Owler and it was confirmed that the Appellant was unrepresented. The Respondent emailed the Appellant on 26 September 2024 to ask for confirmation of who the employer was and who the Appellant was. The Appellant was requested to confirm that Mr Stephen Owler had completed the appeal as representative for the Appellant and that Mr D Owler was the Employer. No response was received to this email.
4. The Respondent in form GRC5 dated 3 October 2024 filed an application for the appeal to be struck out on the basis that the appeal has not been made by a party to the proceedings as required by Rule 22 of the Procedure Rules so the Tribunal does not have jurisdiction to hear the appeal.
5. The Appellant has been given notice of the application to strike out the appeal, the reasons the application and has been given the opportunity to make representation in relation to the proposed striking out. The Appellant has made no representations.
6. There are grounds to strike out the appeal under Rule 8(2)(a) of the Procedure Rules .
7. Accordingly, the appeal is struck out.
8. The Appellant may apply for the proceedings to be reinstated under Rules 8(5) and (6) of the Procedure 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: Judge J Findlay Date: 10 November 2025