Case No. UKUT-00272-(AAC)

was considered at a hearing, at the Tribunal Hearing Centre within the Royal Courts of Justice, Belfast, on 22 September 2022. Mr Andrew Murphy attended and was represented by Ms J. Price, Barrister at Law. The Respondent was also in attendance and was represented by Ms A. Jones, Barrister at Law. 3. At the outset of the hearing, Ms Price applied to amend the appellant in the proceedings from the sole director of the company, Mr Andrew Murphy, who had completed all the appeal and related documents in a personal capacity, to that of his company, Andrew Murphy Transport Ltd. This was agreed by the Tribunal and therefore the Appellant is noted and recorded hereinafter to be “Andrew Murphy Transport Ltd”.The facts 4. At 0205hrs on 16th September 2021, a Scania tractor unit registration SV57 EZO (“the vehicle”), along with a Muldoon trailer ID number NI/043661/04 (“the trailer”) was observed by Vehicle Examiner Toman at Redlands Road, Larne. Checks on the vehicle found that it was not authorised on any Northern Ireland Operator’s Licence hence his colleagues stopped the vehicle to make further enquiries. The driver of the vehicle identified himself as Mr Caolan Gormley, who stated that the vehicle was owned by Mr Andrew Murphy, and he was in the process of transporting goods from Manchester, England to Drogheda, Republic of Ireland. Mr Gormley produced documentation relating to the load being transported by the vehicle and trailer. He indicated that he was employed by Mr Murphy to drive the vehicle. He produced no Operator’s Licence either relating to himself or to the vehicle, nor did he produce any documentation confirming his employment status. Investigations confirmed that the vehicle fell under the regulatory regime of the Goods Vehicle (Licencing of Operators) Act (Northern Ireland) 2010 (“the 2010 Act”), it being a heavy goods vehicle over 3,500kg and carrying goods for hire or reward. The driver of the vehicle, Mr Gormley, was found to be the director of CDG Transport Ltd. Neither Mr Gormley, nor his company, CDG Transport Ltd, hold a valid Operator’s Licence in NI. As the driver of the vehicle had failed to produce a valid Operator’s Licence to confirm the lawful use of the vehicle and had failed to satisfy Vehicle Examiner Toman as to the “user” of the vehicle, it was detained under the powers contained within s.1 of the 2010 Act and Regulation 3 of the Enforcement Regulations 2012. 5.In accordance with Regulation 8 of the Enforcement Regulations 2012, the Driver and Vehicle Agency (“the DVA”) published a notice in the Belfast Gazette on 8 October 2021, to report the detention of the vehicle and request that any person seeking claim to the vehicle and/or trailer should do so in writing, on the online claim form outlined within the notice, before 29 October 2021. Mr Andrew Murphy completed the online claim form (dated 21 October 2021) stating that he was the owner of the vehicle which was both “roadworthy” and “fully insured” (page 7 of the appeal bundle). He stated that there was space on his Operator’s Licence ON2000119 for the vehicle but due to his Transport Manager being unwell, the vehicle had not been recorded on it. However, as soon as he became aware that the vehicle was not on his licence, by virtue of the fact of its detention, he had immediately put it on his Operator’s Licence through the online portal. 6.Mr Murphy confirmed that he did not wish for his application for return of the vehicle to be considered at a hearing therefore the Head of the TRU, Mr D Mullan, requested skeleton arguments from the legal representatives of both sides in order to determine the matter on the papers. A decision was made by Mr Mullan on 7 December 2021 that the application for return of the vehicle was refused. No application had been received in respect of the trailer therefore his decision was that both vehicle and trailer should be disposed of accordingly. The appeal 7.The appellant lodged an appeal against the decision of the Head of the TRU with the Upper Tribunal on an official appeal form signed and dated 6 January 2022. The grounds of appeal were stated as follows (page 133):“1.The Appellant in the application for return of the tractor unit has clearly demonstrated ownership of the tractor unit.2.The appellant holds a valid operator’s licence.3.The appellant did not know the tractor unit was being used in contravention of the regulations.4.The detention of the tractor unit has caused hardship to the appellant.5.The decision refusing the return of the tractor unit is wrong in law.”8.The appellant applied for a stay of the decision pending appeal, and this was granted by the Head of the TRU on 17 January 2022. The appeal was heard in the Royal Courts of Justice in Belfast on 22 September 2022.