Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 47 (AAC)

Fecha: 01-Ene-2024

Ground 3: the regulatory action taken by the TC was disproportionate

Ground 3: the regulatory action taken by the TC was disproportionate

46.

In the skeleton argument it is agreed that, on the basis of failure to detect Mr. Day’s use of Mr. King’s card, the case fell into the severe category, but contended that:

46.1.

The proportionate response as respects the Company’s licence would have been to impose a suspension on the Company along with an indefinite curtailment to one vehicle and one trailer, on the grounds that:

46.1.1.

The offences (i.e., failing to detect infringements) are of diminishing relevance. The last occasion of Mr. Day’s using Mr. King’s card was in September 2020.

46.1.2.

The pattern of use can be interpreted as a single, isolated pattern rather than widespread use over a period of many months.

46.1.3.

The pattern occurred while Mr. King was largely in hospital and on morphine. Apart from that, there was no significant adverse history.

46.2.

The TC failed to consider the impact Mr. King’s disqualification would have on him and his family. Running small haulage undertakings had been his livelihood since 2013 and owing to the disability resulting from the accident he was restricted in the type of work he could do.

46.3.

It was not clear why Ms. Wallace had been disqualified for 12 months when her conduct had not been impugned to the same extent as Mr. King’s.

46.4.

The decision was out of step with similar jurisprudence from the Upper Tribunal. The cases of Gilders Transport Limited T/2017/45 and John Stuart Strachan t/a Strachan Haulage T/2019/25 were cited in support.

47.

The supplementary submissions did not address this ground. In his oral submissions Mr. Finnegan stressed that what had happened ought to be looked at as an isolated incident.