Discussion
11.We have set out Mrs Caseriu’s oral submissions to the Tribunal in full even though they include evidence which was not put before the DTC during the public inquiry but which was available at the time and could have been put before him. We have done so, so that Mrs Caseriu will be satisfied that we have listened to what she had to say. However, we must review the DTC’s decision only upon the basis of the evidence before him at the time.12.The DTC was plainly right (as Mrs Caseriu accepts) to be concerned by the links to Trans-Chriss Limited, a company which had been informed in August 2020 that a DVSA investigation was to take place, which was a month before the Appellant company was incorporated and an application for an operator’s licence made. Moreover, the reliance upon a significant capital sum transferred from Trans-Chriss Limited to the Appellant company in order to meet the financial standing requirements, the nomination of Mr Caseriu initially as transport manager, the sharing of an operating centre and the request for an authorisation of ten vehicles which mirrored the authorisation recorded on the licence of Trans-Chriss Limited all raised reasonable doubts about this application being independent of Mr Caseriu and his company which further raised significant concerns that this application was being made as a safety net in the event that the operator’s licence of Trans-Chriss Limited was revoked or other substantial regulatory action taken for example, a reduction in authorisation. In other words, that it was likely to be used as a “front”. The concerns and doubts which existed when the call up letter was sent out were only reinforced during the course of the public inquiry. We have no hesitation in finding that the DTC’s decision was plainly right. 13.To conclude, all grounds of appeal are rejected as we are not satisfied that there was procedural unfairness in this case or that the TC’s decision was plainly wrong in any respect and neither the facts nor the law applicable in this case should impel the Tribunal to allow this appeal as per the test in Bradley Fold Travel & Peter Wright v Secretary of State for Transport (2010) EWCA Civ.695. The appeal is dismissed. Her Honour Judge Beech Judge of the Upper Tribunal14th March 202