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    [2025] UKUT 073 (AAC)
    Upper Tribunal Administrative Appeals Chamber

    [2025] UKUT 073 (AAC)

    Fecha: 01-Mar-2024

    Error al cargar el documento

    Vista, DOCUMENTO COMPLETO
    • Heading
    • This appeal is DISMISSED. The Traffic Commissioner’s decisions of 1 March 2024 (ref. OK2024813) involved neither error of law nor mistake of fact. Under section 37(2) and (4) of the Goods Vehicles (Li
    • Events preceding the Traffic Commissioner’s decisions
    • refused the operator’s application to surrender his operating licence
    • the Appellant “has ignored the Public Inquiry process”
    • Legislative framework
    • an undertaking recorded in the licence has not been fulfilled ( section 26(1) (f))
    • ‘Surrender’ of operator’s licences
    • Rights of appeal
    • Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
    • Grounds of appeal
    • the Appellant did not produce financial evidence because it was not requested until after his business had closed
    • Proceedings before the Upper Tribunal
    • Conclusions
    • the Appellant gave no reason for failing to attend the hearing on 14 January 2025
    • Challenging a Traffic Commissioner’s refusal to accept a surrender request: matters of principle
    • Did the Traffic Commissioner lawfully refuse the Appellant’s request to surrender his operator’s licence?
    • Why the Appellant’s grounds of appeal are not made out
    • this is an assertion unsupported by evidence. The argument is not made out
    • this argument is dealt with in paragraphs (2) and (4) above
    • this argument is effectively dealt with in paragraph (2) above it was not for the Appellant to give himself permission to ignore the Traffic Commissioner’s legitimate request for information
    • Conclusions

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