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The facts
The facts
The Company applied for a standard operator’s licence on 13 August 2024 authorising one vehicle and one trailer at an operating centre at Roman Way Industrial Estate, Bishop Auckland.
On 28 August 2024 the Office of the Traffic Commissioner (the OTC) wrote to the Company to notify it that the application was incomplete and further information was needed. The OTC specified the documents and information needed in an Annex and stated that the Company needed to respond in full by 11 September 2024. The Company was warned that if it did not respond, the application would be refused.
The information requested was specified in an Annex as follows:
An advert worded using the prescribed format and evidence that the advert appeared in a local newspaper in the relevant period
Financial evidence showing that the applicant had ready access to sufficient resources to support the application. The OTC specified that the type and size of licence applied for requires a sum of £8000 to have been available during a 28 day period, the last date of which must be no more than 2 months before the date of the application, i.e. no earlier than 13 June 2024.
Further information to demonstrate that Craig Wilson can ensure continuous and effective management of this and other licences they are specified on.
An explanation of how the Company has been meeting its transport needs after the licence OB2042074 was revoked on 6 March 2024 and an explanation of why the disqualification order was not declared.
The V5 document for the specified vehicle.
The Company provided some information by letter dated 25 September 2024, which was received by the OTC on 7 October 2024.
The OTC wrote to the Company on 8 October 2024 to inform the Company that the application remained incomplete. The letter stated that it was intended as a final attempt to resolve the issues raised in earlier correspondence. The OTC stated that the Company must provide additional documentation listed in the Annex. It stated that the Company must comply in full by no later than 22 October 2024. The letter warned the Company that if the application remained incomplete on that date, it would be refused and the Company would have to re-apply for a licence.
The Annex specified that the following information/documentation was required:
Financial evidence showing that the applicant had ready access to sufficient resources to support the application. The OTC specified that the type and size of licence applied for requires a sum of £8000 to have been available during a 28 day period, the last date of which must be no more than 2 months before the date of the application, i.e. no earlier than 13 June 2024. The OTC reiterated that the bank statements submitted were unacceptable because the last date shown was 30/12/2023 which was more than 2 months before the application was submitted.
Further information to demonstrate that Craig Wilson can ensure continuous and effective management of this and other licences they are specified on.
The Company supplied further information on 9 October 2024 including a letter from Craig Wilson intended to demonstrate continuous and effective management of the licences he was specified on.
By email dated 15 October, the Company asked the OTC if bank statements for the director’s personal account would be sufficient evidence. The OTC replied by email dated 16 December 2024 to say that personal bank statements would not be accepted because the Company was a limited company.
On 18 December 2024 the Commissioner refused the application under section 13(5) of the Act. The Commissioner stated that the financial information provided was not acceptable because they were from December 2023 and the Company had not shown that it met the requirements of section 13A(2)(c) of the Act.