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Permission to appeal
Permission to appeal
The director submitted form UT12 Application for Permission to Appeal to the Upper Tribunal dated 12 October 2023 (and received by the Upper Tribunal the following day) seeking permission to appeal the decision of the TC, on the basis of miscommunication and misunderstandings between himself, the DVSA and the TC, part of which arose as a result of the director leaving the country following the death of his father. The director provided a log of emails indicating that he had been corresponding with the DVSA following its enquiries with him, but he had not received any reply to his correspondence. The director, on behalf of the Appellant company, requested a stay of the TC’s decision to revoke its operator’s licence, pending the outcome of the appeal.
The TC granted a stay on 18 October 2023. Within that stay decision, the TC stated, at paragraph 8:
There is no legal provision for a Traffic Commissioner to review a revocation decision. At this stage I am unable to anticipate how the appellant might argue that I was not entitled to revoke following a failure to respond to the OTC. However, it is right to recognise that I may have adopted a more extended process, were I aware of the emails which were sent to DVSA. It is unfortunate that these were not referred to OTC at the time and there would appear to be lessons to be learned within the Agency. It is also unfortunate that the operator’s staff did not fully appraise my office of the family situation.”
He went on to state, at paragraph 9 of the stay decision:
In the circumstances I am satisfied that it is just to stay this decision pursuant to section 26(2) to allow for an appeal to be lodged, failing which the revocation will take effect. It will be necessary for the Office of the Traffic Commissioner is [sic] confirm with the Registrar that an appeal has been lodged within the prescribed period. If such appeal is received by the Upper Tribunal, I invite it to remit the matter for redetermination. A copy of this Stay decision is to be sent to the Registrar of the Upper Tribunal.”
The Appellant’s views were sought as to determining this appeal on the papers, and with regards to the TC’s proposal to remit the matter for redetermination (see the Directions Notice of Judge Mitchell dated 7 March 2024). No objections were put forward on behalf of the Appellant company.