Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 071 (AAC)

Fecha: 01-Ene-2025

Section 1

IT IS HEREBY ORDERED that the appeal be ALLOWED and the case be REMITTED for a further hearing by a traffic commissioner selected by the Senior Traffic Commissioner.

SUBJECT MATTER: Refusal of adjournment; revocation of licence for maintenance failings; proportionality; disqualification

CASES REFERRED TO: Ladd v. Marshall [1954] 1 W.L.R. 1489; R. v. Hereford Magistrates’ Court (ex parte Rowlands) [1998] Q.B. 110; Bryan Haulage Limited (No. 2) 217/2002; Priority Freight Limited and Williams 2009/225; Bradley Fold Travel Limited and Peter Wright v. Secretary of State for Transport [2010] EWCA Civ 695, [2011] R.T.R. 13; David Finch Haulage [2010] UKUT 284 (AAC); Fergal Hughes and Perry McKee Homes Limited v. Department of the Environment in Northern Ireland [2013] UKUT 0618 (AAC); Redsky Wholesalers Ltd. T-2013-07; VST Building & Maintenance Limited [2014] UKUT 0101 (AAC); LA and Z Leonida t/a ETS [2014] UKUT 0423 (AAC); Randolph Transport Limited and Catherine Tottenham [2014] UKUT 460 (AAC)

REASONS FOR DECISION

Preliminary

This is an appeal by the First Appellant, Hard Concrete Limited (“the Company”) and the Second Appellant, Jatinder Singh Dhillon (“Mr. Dhillon”), its sole director, against the decision of the Deputy Traffic Commissioner for the South Eastern and Metropolitan Area (“the TC”) given on 4^th July 2024, following a public inquiry held on 24^th June 2024. By his decision the TC:

1.1.

Revoked the Company’s operating licences OK2012880 and OH2017026;

1.2.

Refused the Company’s application for licence OF2067675;

1.3.

Disqualified Mr. Dhillon from holding or obtaining an operator’s licence in any capacity for a period of six months.

The revocation and disqualification were expressed to take effect from 5^th August 2024. The Company and Mr. Dhillon applied for a stay, which was refused by the TC on 7^th August 2024.

In the meantime, on 2^nd August 2024, Mr. Dhillon had filed a notice of appeal against the TC’s decision by which he sought to challenge the whole of the decision. A renewed application for a stay was made to the Upper Tribunal and was granted by Judge Rupert Jones on 8^th August 2024. Case management directions were given by Judge Mitchell on 18^th September 2024.

The Company and Mr. Dhillon were represented at the hearing before us by Mr. Finnegan of counsel. We are grateful to him for his clear and helpful submissions.