[2025] UKUT 106 (AAC)

The written appeal grounds argued that the operator’s previous transport manager retired on 05 June 2024 and advised him he had a three-month period to find a replacement. Upon receiving the OTC letter on 12 June 2024, Mr Rafiq immediately communicated by email to [email protected] that they (the company) were actively searching for a new transport manager and assured them that they would maintain full compliance with all vehicle inspections and other regulatory duties during this interim period. The appeal grounds stated Mr Rafiq requested a period of grace and set out what efforts were being made. The appeal grounds stated that the reply went straight into Mr Rafiq’s spam folder, and he was unaware that the Traffic Commissioner had asked for further information.

The appeal grounds state that Mr Rafiq was taken by complete surprise that the operator’s licence had been revoked even though the new Transport Manager was now employed and in position. This was a reference to the company employing Mr Philip Hunt as the new Transport Manager on 28 June 2024. The grounds stated Mr Hunt was employed with the intent to minimise any disruption to their operations and continue the commitment to regulatory adherence. The appeal grounds argued that the company had remained fully compliant with all the requirements of its operator’s licence and could provide detailed records of ongoing compliance and inspection activities to support this. The grounds referred to the negative consequences of having the licence revoked and argued that the circumstances and the company’s demonstrated commitment to compliance and finding a replacement promptly, mean it was respectfully requesting reconsideration to allow it to continue its operations without interruption.

Mr Rafiq attended the hearing before the Upper Tribunal on 14 March 2025, with support from Mr Manning, who provides informal help to the company 24Y Logistics Limited. At the hearing, Mr Rafiq confirmed his surname is Rafiq and his first name is Rahim. The Upper Tribunal recorded that information incorrectly for Mr Rafiq’s appeal, and we apologise for this. Mr Rafiq also confirmed that the operator that held the licence OD2050948 until it was revoked on 03 July 2024, is 24Y Logistics Limited.

At the hearing, Mr Rafiq reiterated the written appeal grounds. He explained that he had become aware of the letters dated 06 June 2024 and 03 July 2024 by receiving the recorded delivery copies. Mr Rafiq also explained that on 28 June 2024, he found a suitable Transport Manager, Mr Philip Hunt, and that he had a contract of employment for him at the hearing if the Tribunal required sight of it. Mr Rafiq explained Mr Hunt was an external Transport Manager, who had been working with the company since 28 June 2024.

Mr Rafiq explained that he has office staff who deal with paperwork, and they have shared access to the email inbox. This means they will generally see emails that come into the inbox. However, neither they, nor Mr Rafiq, had seen the email dated 12 June 2024 from Tamara Reilly at OTC, as it had gone into the spam folder for the inbox. When asked how they became aware of the email in question, Mr Rafiq explained that they looked for something in the emails to explain what had happened after the email was sent to the OTC on 12 June 2024. When they searched the spam folder, they discovered the email in question.

Mr Rafiq explained that after he sent OTC his email dated 12 June 2024, he was expecting an email or letter back saying he had until a specific date to find a suitable replacement for his old Transport Manager. He described expecting something like a notice that would set out the time given to find a replacement.

Mr Rafiq explained that during the period after his former Transport Manager retired and before the new Transport Manager started on 28 June 2024, he was personally downloading the drivers’ cards for checking. Maintenance was done by his office, which was a longstanding practice, in place before his Transport Manager retired. He described scheduling a 6-weekly maintenance of each truck. Mr Rafiq also mentioned there was an on-site mechanic to deal with any issues that arose with the two trucks owned by the company. Mr Rafiq described emphasising the importance to drivers that they must perform a proper check of the truck before it is loaded up for delivery, and having someone walk around with the driver, to make sure it is done. Mr Manning described Mr Rafiq being supported in this by an experienced colleague, Mr Kalil, during the period when there was no Transport Manager.

Mr Manning also observed that they received no notification during the time space between the letter of 06 June 2024 and the licence being revoked, which they considered unfair. The OTC did not set out any interim period of what it was going to do, including whether it was going to revoke the licence.