Bulk Tranz Haulage Ltd, Bulgaria v Department for Infrastructure for Northern Ireland
[2023] UKUT 87 (AAC)
Nugent International Limited v Presiding Officer
18 December 2023
[2024] UKUT 8 (AAC)
Upper Tribunal
A truck and trailer were seized because they were operating without the proper license. The judge made a mistake about who legally owned the truck, but the seizure itself was legal. The owners couldn't prove they shouldn't have been fined, so they didn't get their truck back.
Key Facts
- •On September 2, 2022, a Scania goods vehicle with Bulgarian registration was stopped in Belfast.
- •The driver stated the vehicle was owned by Michael Nugent Senior and the trailer by his son, Michael Nugent Junior.
- •The vehicle was used for transporting goods from Oswestry to Dungannon.
- •The driver could not provide evidence of an incoming international carriage from Bulgaria, as required by Article 462 of the Trade and Cooperation Agreement 2021 (TCA).
- •DVA checks revealed Michael Nugent Senior had been a director of Nugent Transport Limited, whose license was revoked in 2017.
- •The vehicle and trailer were detained due to the belief that their use required an operator's licence in Northern Ireland.
- •Applications for return were made by Michael Nugent (for trailer) and Nugent International Ltd (for vehicle), both represented by Mr. McNamee.
- •The Presiding Officer refused the applications, citing lack of proof of ownership and knowledge of unlawful use.
- •Nugent International appealed, arguing errors in law and procedural unfairness.
Legal Principles
The test for ownership in impounding cases is 'lawful ownership,' not 'genuine legal ownership.'
Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012, Regulation 2(a)
Only the lawful owner can apply for the return of a detained vehicle.
Alan Knight Transport B.V. and Alan Michael Knight [2012] UKUT 453 (AAC)
The burden of proof is on the applicant to establish ownership and lack of knowledge of unlawful use on the balance of probabilities.
Various case law (e.g., Boyes, Commercial Tradings Limited, Nolan Transport)
Registered keeper records are not conclusive evidence of ownership.
Various case law (implied)
Authorised persons can detain vehicles if they have reason to believe they were used unlawfully under section 1 of the 2010 Act.
Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012, Regulation 3
Outcomes
Appeal allowed in part.
The Presiding Officer's decision regarding ownership was deemed 'plainly wrong' due to procedural issues and flawed reasoning. However, the detentions were lawful, and no grounds for return were established.
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