[2025] UKUT 106 (AAC)

Schedule 1(3)(b) to the Tribunal Procedure (Upper Tribunal) Rules 2018 requires the Traffic Commissioner, upon receipt of a notice of appeal against the Commissioner’s decision, to send to the Upper Tribunal “all documents produced to the [Commissioner] in connection with the decision”.

In this appeal, the OTC case file provided to the Upper Tribunal, in accordance with Schedule 1(3)(b), consisted of eight documents (21 pages). These were the Proposal to Revoke letter dated 06 June 2024, Mr Rafiq’s email of 12 June 2024, the email from the National Compliance team dated 12 June 2024, the revocation letter dated 03 July 2024, email correspondence from the Appellant’s solicitor dated 11 July 2024 requesting an update and email correspondence advising the Stay had been granted, dated 25 July 2024. The OTC case file did not contain any information about previous regulatory interventions or concerns. We therefore proceed on the basis that this operator had a fully compliant regulatory history and that any documents indicating cause for regulatory concern would have been put before the Traffic Commissioner.