[2024] UKUT 292 (AAC)

The Appellant’s written grounds of appeal recite portions of the Traffic Commissioner’s reasons for refusing to grant an operator’s licence, followed by this statement:

“I wish to appeal this decision on the grounds that I would like to prove that I am capable of running my business according to the terms and conditions as set out by the Traffic Commissioner and that I can be compliant as requested.”

At the hearing of this appeal, Mr Samoor communicated with the Upper Tribunal panel through an Arabic language interpreter. The interpreter confirmed that he had no difficulty understanding Mr Samoor’s Arabic, and Mr Samoor, through the interpreter, confirmed the same.

At the hearing, the Upper Tribunal explained to Mr Samoor that, since this was an appeal against the Traffic Commissioner’s decision, his task, as representative for Samoor Services Ltd, was to persuade the Upper Tribunal that the decision involved some relevant error of law or fact. To assist Mr Samoor in this task, the judge read out relevant parts of the Commissioner’s reasons, which were translated by the interpreter, and invited Mr Samoor’s comments:

paragraph (3) of the Commissioner’s reasons - the Commissioner’s description of events at the public inquiry hearing on 28 March 2023 was “accurate 100%”;

paragraph (4) – before the second hearing, Mr Samoor provided the OTC bundle to his proposed transport manager who was supposed to meet him on the morning of the hearing and bring the bundle. However, the transport manager did not turn up so that the bundle’s absence was “out of my control”. The panel asked Mr Samoor whether he explained this to the Commissioner. His response was vague. Mr Samoor told us that he apologised to the Commissioner, but she informed him that a bundle could not be made available on the day of the hearing;

paragraph 5 – Mr Samoor did not dispute what was written in this paragraph but said that it was his lawyer who had sent the OTC bundle to the proposed transport manager. He went on to say that he had done all that was asked of him by Traffic Commissioners, and his vehicles were in perfect condition with a 100% MOT pass rate. Mr Samoor put his trust in a transport manager but had learnt his lesson. He was now helping himself and was willing to do whatever was required of him to run his business, he pays his taxes, respects the law and has never claimed benefits;

paragraphs 6 and 7 – in the past three months, Mr Samoor arranged repair of a faulty engine and had evidence to prove it. He needs a licence because, without one, cannot expand or secure contracts.

When asked, towards the end of the hearing, if he had anything to add, Mr Samoor repeated that he was willing to comply with any licence conditions so long as he was permitted to carry on in business.