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Discussion and decision of the Upper Tribunal
Discussion and decision of the Upper Tribunal
We were reminded of the principles involved in determining the case before us. In short, the decision of the DTC is taken to be correct unless the contrary is shown, by objective grounds, upon which the Upper Tribunal ought to conclude that a different view is the right one (Subesh & Ors v Secretary of State for the Home Department [2004] EWCA Civ 56, para 44). The DTC had the considerable advantage of seeing, hearing and assessing the evidence before him, and that decision should not readily be overturned.
- Heading
- The appeal is ALLOWED IN PART The orders of the Deputy Traffic Commissioner dated 14 July 2023 are confirmed except for the orders of disqualification from holding an operator’s licence and from acting as transport manager, which
- The above orders are to take effect from 2359hrs on 16 September 2023, in line with the other orders of the Deputy Traffic Commissioner made on 14 July 2023
- Background
- The DVSA evidence at the Public Inquiry
- The Appellant’s case at the Public Inquiry
- The decision of the DTC
- Grounds of appeal
- The appeal hearing
- The Law
- Discussion and decision of the Upper Tribunal
- The “user” of the vehicles
- Revocation of the operator’s licence
- Disqualification from holding an operator’s licence
- Disqualification from acting as a transport manager
- Duration of the disqualifications
- Conclusions