[2023] UKUT 172 (AAC)

licence OK1132138 was a standard national licence from 10 October 2014, authorising 12 vehicles (10 were in possession); and licence OF2031245 was a standard national licence from 26 March 2020, authorising one vehicle;

Mr Nirwan was sole director, and transport manager, of Nirwan Ltd;

a Driver & Vehicle Standards Agency (“DVSA”) traffic examiner investigation into Nirwan Ltd commenced on 12 March 2021;

On 5 August 2021 Nirwan Ltd applied to add Mr Colin Evans as an additional nominated transport manager;

a public inquiry was held on 11 October 2021; it was adjourned part heard and recommenced on 6 December 2021;

a significant period of the public inquiry was taken up addressing whether a disciplinary letter produced by Nirwan Ltd dated 27 March 2021 (addressed to one of Nirwan Ltd’s drivers, for driving without a card) was genuine, both in terms of whether that driver was driving at all and whether the letter was created after the event (and so was fraudulent); and

Mr Evans withdrew his nomination shortly after the 11 October 2021 public inquiry hearing.