[2025] UKUT 347 (AAC)

Appeal No. UA-2025-000427-T

TRAFFIC COMMISSIONER APPEALS

ON APPEAL from the DECISION of the TRAFFIC COMMISSIONER for the WEST MIDLANDS dated 31^st March 2025

Before: HHJ Beech, Judge of the Upper Tribunal

David Rawsthorn, Specialist Member of the Tribunal

Richard Fry, Specialist Member of the Tribunal

Appellant: ROLY POLY LIMITED

Commissioner’s ref: OD1137195

Mode of hearing: Remote by CVP

Heard at: Field House, Breams Buildings, London, EC4A 1DZ

Representation:

Appellant: Mr Lusted, director

Decision Date: 13^th October 2025

SUMMARY OF DECISION

This appeal is ALLOWED

The Traffic Commissioner’s decision to refuse the Appellant’s application to vary its restricted operator’s licence upon the basis that its advertisement was outside the 42 day window for advertising the variation was procedurally unfair. The application must be remitted for further consideration.

KEYWORD NAME: 100.1 Applications

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION