[2023] UKUT 250 (AAC)

This is an appeal from the decision of the Traffic Commissioner for London and the South East of England (“TC”) dated 20^th March 2023, when she revoked the Appellant’s standard national operator’s licence with immediate effect under s.27(1)(a) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act).

The background to this appeal is as follows. On 11^th March 2022, the Appellant (“Mixingh”) was granted a standard national licence authorising two vehicles and two trailers. The sole director was Gurjeet Sandhu. No vehicles have been specified on the licence since its grant.

On 11^th February 2023, the nominated transport manager, Harshdeep Mandair, emailed the Office of the Traffic Commissioner (“OTC”) to inform the TC that he had resigned as Mixingh’s transport manager with immediate effect.

On the 14^th February 2023, the OTC wrote to Mixingh, sending copies of the letter by recorded delivery to its operating centre and to its correspondence address with a further copy sent by email. The letter reminded the company that It was a statutory requirement to have a suitable transport manager designated on its licence or alternatively, to have the benefit of a period of grace and that failure to have either would result in the revocation of the company’s licence under s.27(1) of the Act. The letter invited representations or an application for a public inquiry by 7^th March 2023.

One of the recorded delivery letters was returned to the OTC (it is unclear which one) marked “unable to deliver .. as it was not possible to identify the delivery address”. There was no response in answer to the other recorded delivery letter or to that sent by email. By a letter dated 20^th March 2023, the company was informed that its licence had been revoked.

On 12^th April 2023, Mr Sandhu submitted an application for permission to appeal. He asked that the TC “rethink” her decision. He made the following points: