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KEVIN KING, trading as Kevin King & Sons Transport
KD PLANT AND HAULAGE LIMITED
TRAFFIC COMMISSIONER APPEALS
IN AN APPEAL FROM THE DECISION OF:
ANTHONY SECULER, DEPUTY TRAFFIC COMMISSIONER FOR THE NORTH WEST OF ENGLAND TRAFFIC AREA
DATED 13th February 2023
Before:
Elizabeth Ovey, Judge of the Upper Tribunal
Richard Fry, Specialist Member of the Upper Tribunal
Sarah Booth, Specialist Member of the Upper Tribunal
Appellants: KEVIN KING, trading as Kevin King & Sons Transport
KD PLANT AND HAULAGE LIMITED
Attendance: Mr. Darren B. Finnegan appeared for the Appellants.
Heard at: The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL
Date of hearing: 28th September 2023
Date of decision: 8th February 2024
DECISION OF THE UPPER TRIBUNAL
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- IT IS HEREBY ORDERED that the appeal be DISMISSED
- CASES REFERRED TO: Associated Provincial Picture Houses Limited v. Wednesbury Corporation [1948] 1 K.B. 223; Dukes Transport (Craigavon) Limited , Appeal 68/2001; Bryan Haulage Limited (No. 2) 217/200
- Introduction
- The facts Mr. King’s licence
- Mr. King as transport manager
- The Company’s licence
- The hearing before the TC
- The TC’s decision
- The appeal
- Ground 1: the finding of fact that Mr. King pressured Mr. Day into using two digital tachograph cards was wrong, arrived at in error and was based on a lack of procedural propriety
- Ground 2: the finding of fact that Mr. King and Ms. Wallace failed to admit to misleading the Office of the Traffic Commissioner in relation to the Company licence application was arrived at in error
- Ground 3: the regulatory action taken by the TC was disproportionate
- Ground 4: insufficient reasons given
- The applicable law
- Discussion
- Ground 2 (finding of failure to admit misleading the OTC)
- Ground 3 (regulatory action disproportionate)
- Ground 4 (insufficient reasons)
- Conclusions