Nugent International Limited v Presiding Officer
[2024] UKUT 8 (AAC)
Bulk Tranz Haulage Ltd, Bulgaria v Department for Infrastructure for Northern Ireland
29 March 2023
[2023] UKUT 87 (AAC)
Upper Tribunal
A Bulgarian-registered truck was seized in Northern Ireland because it didn't have the right paperwork and was mostly used in the UK. The company that owned the truck and trailer couldn't prove it owned the trailer, so they lost both.
Key Facts
- •Bulk Tranz Haulage Ltd (Bulgaria) appealed a decision to refuse the return of a vehicle (B4516BM) and trailer (NI/062622/05) impounded in Northern Ireland.
- •The vehicle, though registered in Bulgaria, was predominantly used in the UK and driven by a Northern Ireland resident.
- •The driver lacked a valid CPC certificate and could not produce required documentation.
- •The vehicle was not listed on the Bulgarian Community Licence held by Bulk Tranz.
- •The appellant argued that the Trade and Cooperation Agreement (TCA) was not enforceable in Northern Ireland and that exemptions in the Goods Vehicle (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012 applied.
- •The appellant also challenged the finding that they did not own the trailer, providing an invoice but not sufficient supporting evidence of the cash transaction.
Legal Principles
A person shall not use a goods vehicle on a road for the carriage of goods for hire or reward, or in connection with any trade or business, except under a licence.
Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, s.1
Where a person has reason to believe that a vehicle is being used on a road in contravention of s.1 of the 2010 Act, the authorised person may detain the vehicle and its contents.
Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012, reg. 3
Only the owner of a detained vehicle can apply for its return.
Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012, reg. 9
The owner must prove ownership and that one of the grounds for return (e.g., valid license, unaware of contravention, steps taken to prevent contravention) is met.
Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012, reg. 4
The Upper Tribunal will only overturn a decision if it is 'plainly wrong'.
Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI [2013] UKUT 618 AAC
The burden of proof is on the applicant (owner) to demonstrate ownership and that the grounds for return are satisfied.
Nolan Transport v VOSA & Secretary of State for Transport (T/2011/60)
Cabotage exemptions require the vehicle to be genuinely operating from its state of establishment and undertaking cabotage operations in compliance with Regulation (EC) No 1072/2009.
Romantiek Transport BVBA & Others v VOSA [2008] EWCA Civ 534
Outcomes
Appeal dismissed.
The Upper Tribunal found the Presiding Officer's factual findings were not in error of law, and his decisions regarding detention and ownership were not 'plainly wrong'. The vehicle was being used in contravention of the 2010 Act, and the appellant failed to prove ownership of the trailer.
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