Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 112 (AAC)

Fecha: 01-Ene-2025

Factual background

Factual background

The background to this appeal is as follows. On 22^nd August 2024, the Appellant (“the company”) applied for a standard national operator’s licence authorising two vehicles and two trailers at an operating centre at K B C Logistics in Purfleet. In answer to question 11 of the application concerning financial history, Mr Happi recorded that in 2016, he had left the Armed Forces and that he had found the transition to civilian life difficult and had been unable to pay his bills. He was declared bankrupt in 2016 but this had cleared in 2021.

By a letter dated 4^th September 2024, the Office of the Traffic Commissioner (“OTC”), informed the company that its application was incomplete for the following reasons:

•

No bank statements or financial documents had been received along with the application. Evidence of financial standing in the name of the company was required over a period of twenty eight days in the sum of £12,500.

•

A signed transport manager declaration.

•

In light of Mr Happi’s disclosure that he had been declared bankrupt in the past, he was required to provide further details relating to the bankruptcy along with a copy of the certificate of discharge from bankruptcy.

The company was warned that failure to provide all of the information requested by 18^th September 2024 may result in the application being refused. There was no response to this letter.

On the 24^th September 2024, the OTC wrote to the company again. The letter was intended as a final attempt to resolve the issues raised by no later than 8^th October 2024. The company was warned that if by that date, the application remained incomplete, the application would be refused. In response, Mr Happi uploaded credit card statements in his name and bank statements in the name of the company.

By a letter dated 17^th October 2024, the company’s application was refused under s.13(5) of the Act for the following reasons:

•

A signed transport manager application form had not been filed with the OTC in compliance with s.14A(1) of the Act.

•

No details had been received about Mr Happi’s bankruptcy and a copy of the certificate of discharge from bankruptcy had not been received in compliance with s.13A(2)(c) of the Act.

It would appear that in response to that letter, a signed transport manager application dated 17^th October 2024 was filed along with a letter from the Insolvency Service dated 24^th October 2024 informing Mr Happi to apply to the Romford County Court for a certificate of discharge from bankruptcy. The certificate of discharge dated 21^st November 2024 was filed with the Appeal Court following the appeal being filed on 1^st November 2024. It showed that Mr Happi’s bankruptcy was discharged on 29^th September 2015.