K & K HGV Transport Ltd
[2024] UKUT 366 (AAC)
Mixingh Concrete Limited
13 October 2023
[2023] UKUT 250 (AAC)
Upper Tribunal
A trucking company lost its license because its manager quit and the company didn't tell the authorities or find a replacement. They didn't get important letters because of a missed email and an old address, and the court said it was their own fault and refused to give them a second chance.
Key Facts
- •Mixingh Concrete Ltd's operator's licence was revoked by the Traffic Commissioner (TC) on March 20, 2023.
- •The revocation was due to the resignation of the transport manager, Harshdeep Mandair, and the company's failure to respond to the OTC's correspondence or apply for a period of grace.
- •The company, despite being granted a licence on March 11, 2022, had not specified any vehicles on the licence.
- •The OTC sent three copies of a letter (recorded delivery and email) warning of potential revocation on February 14, 2023.
- •The company failed to respond to the OTC's correspondence due to a combination of factors: uncollected recorded delivery mail, a change of address not notified to the OTC, and the company director's failure to check company emails.
- •The company director, Gurjeet Sandhu, only learned of the revocation on March 20, 2023.
Legal Principles
Failure to comply with statutory requirements for having a designated transport manager or securing a period of grace can result in licence revocation.
Goods Vehicles (Licensing of Operators) Act 1995, s.27(1)(a)
Outcomes
Appeal dismissed.
The company's failure to respond to the OTC's correspondence and to fulfill its statutory obligations resulted in the justified revocation of its licence. The appellant's lack of awareness and preparedness was deemed self-inflicted.