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Proceedings before the Upper Tribunal
Proceedings before the Upper Tribunal
The Upper Tribunal gave directions for a hearing of this appeal on 9 November 2024. On 26 November 2024, the Upper Tribunal requested the Appellant’s availability to attend a hearing in January 2025 but received no response. On 20 December 2024, the Appellant was given written notice that his appeal would be heard on 14 January 2025. The notice asked the Appellant to return a confirmation of attendance form. No response having been received, on 8 January 2025 a member of Upper Tribunal staff emailed the Appellant asking him to confirm his attendance at the hearing, but, again, there was no response.
On 14 January 2025, the Upper Tribunal heard the Appellant’s appeal in his absence.
- 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