[2024] UKUT 444 (AAC)

Whilst Ground 4 fails, the remainder of the appeal succeeds. The PTR letter was poorly constructed and lacked reasons and the main basis for the PTR letter being sent (change of circumstances with regard to the operating centre) was misconceived. Whilst the director and the transport manager did not cover themselves with glory when it came to applying for a variation of the licence to use an alternative operating centre and in co-operating with the DVSA, it is of note that by 19^th October 2023, Ms Iordache had attended a new operator seminar and she was co-operating with regard to the DBA (and ultimately, good repute was not cited in the revocation letter as a reason for revocation) and financial standing had been satisfied. Moreover, an alternative operating centre had been identified. In her skeleton argument, Ms Newton invited the Tribunal to remit the matter back to the TC for consideration of the variation application which remains outstanding and we agree that this is the appropriate disposal and we so order.

Finally, we apologise for the late publication of this decision which has been caused by the writer suffering injuries in an accident which has prevented her from discharging her judicial duties.