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Summary of the call up letter to Excell Logistics Ltd
Summary of the call up letter to Excell Logistics Ltd
We note the following from the “call up letter” to Excell Logistics Ltd of 4 December 2023:
the issues of concern were listed as follows:
operating more vehicles than the maximum on the licence
breach of conditions on the licence: failure to meet continuing and mandatory requirements; failure to notify events affecting good repute
statements made when applying for the licence (re: notifying the TC of convictions, changes to maintenance arrangements or financial status affecting the licence) not fulfilled;
not honouring undertakings made when applying for the licence, re: informing the TC of changes or convictions affecting the licence
material change in circumstances of Excell Logistics Ltd
concern that Excell Logistics Ltd not being of appropriate financial standing
concern that Excell Logistics Ltd not meeting the requirement of being of good repute, or meeting the requirements for a transport manager;
the letter said that, in addition, the TC was concerned that concern that Excell Logistics Ltd’s “nominated transport manager”, Mr Saleh, may not be exercising continuous and effective management of the transport activities of Excell Logistics Ltd. It said that a separate letter had been sent to Mr Saleh to invite him to the public inquiry, which would also consider his competence and repute;
under the heading “Evidence the TC will consider”, the letter referred to Excell Logistics Ltd’s variation application and questions asked of it by “the central licencing office”; it also referred to the “Finance Time limited Interim” granted by the TC and its requests; it then referred to Mr Saleh not having logged in to his vehicle operator licencing account since 29 November 2022, and that the TC was seeking an explanation as to how Mr Saleh exercised continuous and effecting management of Excell Logistics Ltd’s transport activities; Excell Logistics Ltd was requested to bring its contract with Mr Saleh and bank statements showing payments to him.
- Heading
- The appeal is allowed
- The TC’s written decision
- Jurisdiction of the Upper Tribunal
- The Upper Tribunal proceedings in this case
- The appellants’ grounds of appeal
- The procedural fairness issue
- Summary of Mr Saleh’s letters to OTC prior to the public inquiry
- Summary of the call up letter to Excell Logistics Ltd
- Public inquiry transcript
- Our analysis of the procedural unfairness argument
- First question: was Miss Kufandirori fairly made aware of the contents of Mr Saleh’s letters to OTC prior to the public inquiry?
- Second question: fairness of Miss Kufandirori not being made aware of the content of Mr Saleh’s letters to OTC prior to public inquiry
- Third question: did the unfairness make a material difference?
- Conclusion on procedural unfairness
- Conclusions