Case No. UKUT-00147-(AAC)
Upper Tribunal Administrative Appeals Chamber

Case No. UKUT-00147-(AAC)

Fecha: 30-May-2022

The Hearing and the Appellants’ submissions

8.Mr Jeffreys appeared for the Appellants at the hearing on 25 April 2022. He participated through CVP video technology at his request. Neither Mr Hopkins nor the officers of the company attended.9.He submitted that the basis of the appeal was as set out in the grounds of appeal - that the minded to revoke letters dated 29 October 2021 were not received by Mr Hopkins nor the company.10.He submitted that the directors of the company were effectively retiring and the licences were revoked following no response to the minded to revoke letters and that the whole basis of the appeal was to remove the decision to revoke as it would affect their record and reputation when they always intended to voluntarily surrender those licences in any event. They did not want their character blemished.11.He accepted that Mr Hopkins was not present, had been aware of the hearing and was the only person who could give evidence to say the Appellants did not receive any of the minded to revoke letters dated 29 October 2021 sent to the operator company and to Mr Hopkins. Mr Jeffreys had advised Mr Hopkins to make himself available for the hearing.12.Mr Jeffreys said that he had spoken to Mrs Crosby of the Traffic Commissioner’s office and was corresponding with David Humphreys from the office of the TC and had not been able to get a reply to his letter dated 8 December 2021. Having spoken to Ms Crosby on the morning of the hearing of 1 April 2022 he was told that Mr Humphreys had left the job 3 weeks before and Mr Jeffreys had been trying to contact him on his telephone numbers. She also explained that no one would be attending the hearing from the office of the TC (OTC). She had stated that the OTC had no objection to the appeal but they maintained they had followed the correct procedures.13.He maintained that the first letter of 29 October 2021 was not received and the first notice the Appellants received was the second letter notifying them of revocation Thereafter they then wrote to the Traffic Commissioner on receipt of that and made a prompt application for voluntary surrender and an appeal to the Tribunal in a timely manner. 14.At the invitation of the Tribunal he asked for time in order to contact the OTC to invite them to withdraw the revocation decision on the basis that the Appellants would voluntarily surrender their licences.