this argument is dealt with in paragraphs (2) and (4) above
this argument is dealt with in paragraphs (2) and (4) above;
the Appellant must have been aware that his request to surrender his licence had not been accepted. As a licence-holder, he therefore remained required by regulation 25 of the Goods Vehicles (Licensing of Operators) Regulations 1995 to maintain an effective address for correspondence and, if the previously notified address ceased to be effective, provide the OTC with an alternative. The Appellant cannot realistically expect the Upper Tribunal, on appeal against a Traffic Commissioner’s regulatory decision, to be persuaded by an argument that relies on a licence-holder’s failure to comply with regulatory requirements;
there was evidence to support the Traffic Commissioner’s adverse findings against the Appellant, and it is referred to in numerous places in her reasons;
this argument assumes that it is accepted as fact that the Appellant transferred ownership of, or responsibility for, the vehicles at some point before 28 August 2023 but, as we have explained above, that assumption is not made out;
- 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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