Grounds of appeal
Grounds of appeal
The Appellant’s written grounds of appeal, drafted by Mr Francis, argued that he was onboard ship when the OTC’s PTR letter was emailed to him. As soon as he returned to the UK, he responded. The operator’s previous transport manager retired at short notice leaving little time to find a replacement. The operator has no idea why its request for a period of grace was refused and it now has “a vehicle stranded in the Canary Islands with no licence”. The operator cannot return that vehicle to the UK without a licence.
At the hearing before the Upper Tribunal, Mr Francis said that the operator’s previous transport manager resigned without notifying the operator. His last contact with the previous transport manager was when she went on holiday and said she would be in touch on her return. Mr Francis had ‘lined up’ a new transport manager but his request for a period of grace was just ignored and not even acknowledged.
- Heading
- This appeal is ALLOWED. The Traffic Commissioner’s decision of 2 July 2024, directing revocation of operator’s licence no. OB2047324, was made in error of law. Under section 37(2) of the Goods Vehicle
- Subject matter: Revocation of standard operator’s licence / period of grace / public inquiries
- The Traffic Commissioner’s decision-making
- The OTC case file
- Legal framework
- Grounds of appeal
- Conclusions
- Conclusions
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