[2025] UKUT 146 (AAC)

Mr Davies stated that ECL was a long standing PSV operator with 35 executive coaches, 50 employees and a turnover of £1.5m. It was part of the Eirebus Group which had in excess of 100 public service vehicles in operation. The licence was essential to ECL’s business.

Following the letter of 27 August 2024, on 31 August 2024, Mr Fyvie sought to complete the form required by the OTC online, stating that he would be an internal TM working 8 hours a day Monday to Friday. He was unable to verify his identity by uploading a photograph of his passport. He went to the Post Office and did this on 31 August 2024. Mr Fyvie ought to have used the Post Office verification emailed to him to complete the online form. However, he did not realise that having understood that this would be carried out by the Post Office. Mr Fyvie has confirmed that his fixation on the verification process caused him to forget to provide a letter confirming how his TM duties would be fulfilled.

The Appellant did not receive any communication from the OTC between 27 August 2024 and 15 October 2024 when the OTC letter was sent informing ECL that the licence had been revoked.

ECL immediately sought advice from Ms Bell’s consultancy. Ms Bell had a telephone conversation with a member of staff at the OTC in which the latter indicated that new operating instructions had been provided to Central Licensing Office staff to the effect that there should be no further attempt to follow up partially completed applications and that licences should simply be revoked (see Annex to Ms Bell’s statement).