[2024] UKUT 312 (AAC)

The appellant was the holder of a Standard International goods vehicle operator’s licences with authorisation for 10 vehicles and 21 trailers. The licence was granted on 1 August 2012.

In correspondence dated 15 March 2022, the Department wrote to the Appellant and indicated that because of notification by the DVSA in Great Britain of a number of ‘Most Serious Infringements’ (‘MSIs) and the non-notification by him to the Department of these infringements, the Department had asked for a DVA compliance audit to be undertaken. The correspondence noted that while the Appellant had a 100% first time pass rate on three vehicle tests the remainder of the compliance audit was ‘extremely concerning’ with unsatisfactory ratings across a number of areas. The DVA compliance audit took place on 2 February 2022. The Department stated it was considering making a direction to revoke the Appellant’s operator’s licence but was giving the Appellant the opportunity to make representations and/or request a public inquiry (PI).

In email correspondence dated 11 April 2022 the Appellant’s representative made a request for a PI.

On 30 September 2022, the Department issued a further ‘proposal to revoke’ letter to the Appellant. the basis for the ‘proposal to revoke’ was that the Appellant had failed to comply with a request and reminders to return a completed checklist.

Following receipt of email correspondence from the Appellant, on 21 November 2022 the Department wrote to the Appellant confirming receipt of his completed checklist and stating that ‘… no further action is required of you or will be taken in relation to your licence.’

In correspondence to the Appellant dated 15 February 2023, the Department confirmed that a decision had been made to convene a PI and directed the Appellant to provide certain information.