![[2025] UKUT 346 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Factual background
Factual background
The background to this appeal is as follows. On 4th December 2024, the Appellant (“the company”) applied for a standard national operator’s licence authorising two vehicles and four trailers. Attached to the application was a bank statement for the period 1st November to 25th November 2024 in the name of “Joseph Hartley hulk express transport”.
By a letter dated 12th December 2024, the Office of the Traffic Commissioner (“OTC”), informed the company that its application was incomplete in a number of respects and in particular:
You must provide financial evidence in the name of HULK EXPRESS TRANSPORT LTD showing you have ready access to sufficient resources to support the application. The type and size of licence applied for requires a sum of £12,500 to have been available during a 28 day period …
The bank statements submitted do not show the full name of the account holder. All finances should be in the name of HULK EXPRESS TRANSPORT LTD … We must be assured that the bank statements are in the limited company.
The letter went on to give further detailed advice about bank statements and again emphasised the need for them to be in the name of the limited company. The company was warned that failure to provide all of the information requested by 26th December 2024 may result in the application being refused.
On the 14th December 2024, Mr Hartley uploaded onto VOL a further bank statement from the same account covering 7th December to 13th December 2024 which did not take the matter any further,
The OTC wrote to the company again. The letter was intended as a final attempt to resolve the issues raised by no later than 7th February 2025 . The company was warned that if by that date, the application remained incomplete, the application would be refused. In response, Mr Hartley uploaded onto VOL, Monzo bank statements covering the period 1st October 2024 to 24th January 2025. These again did not resolve the matter as they were not bank statements in the name of the limited company although they did demonstrate more than adequate financial standing in support of the application.
The OTC then uploaded a message on VOL to Mr Hartley on 10th March 2025. It stated:
“The bank statements provided are not in the limited company name. Please can you provide proof that the bank account ending **198 is held in the entity of the limited company. If you do not provide evidence that the bank account is held by the limited company on or before 17/03/2025 the application will be refused”.
On the same day, Mr Hartley uploaded onto VOL a letter from Monzo dated 10th March 2025 which confirmed that:
“Joseph Hartley has the following business account for Joseph Hartley trading as hulk express transport registered at Monzo at the above address ..”
Unsurprisingly, the letter from Monzo did not progress the matter. However, on 11th March 2025, rather than inform Mr Hartley that the letter did not assist the company’s application and that he had until 17th March 2025 to provide evidence of a bank account in the limited company’s name, the application was refused.