[2023] UKUT 125 (AAC)

By way of an Appellant’s Notice filed on 25^th June 2022, Mr Wigley appealed. His explanation for the late receipt of the Notice was accepted by Judge Hemingway. The application states:

“The appeal is based on the fact that a simple error was made with no intention to deceive or hiding any facts due to being misled by a previous manager.

We completed the forms in good faith under poor advice and will now be financially punished if we have to re-apply bearing in mind the Traffic Commissioner now has all the required information”.

The Grounds of Appeal repeated the above and added:

“The two directors J. Hann and L Shakespeare were not asked to sign a form on our previous licence and so due to having been misled by M. Holgate, the previous operator, were wary of the requirement by the Traffic Commissioners. Mrs Hann was also ill which delayed our submission. I submitted it at the earliest opportunity but the Commissioner just refused our application.

We are a CIC looking for charity status doing animal welfare with just 1 vehicle. We have nothing to hide and will comply with all regulations but just want to get on with our animal welfare work.”

In a later submission, Mr Wigley accepted that the director’s declaration signed by Mrs Hann had not been produced when required but was later submitted but had missed the submission date. He contended that they had “done all they asked”.