LKW Trans Ltd
[2023] UKUT 59 (AAC)
Qasim Saleem t/a MS Foods Ltd
10 June 2024
[2024] UKUT 169 (AAC)
Upper Tribunal
A company's trucking license was wrongly taken away. The court said the mistake was because of poor communication and a family emergency. The case will be looked at again by a different judge.
Key Facts
- •MS Foods Ltd's operator's licence was revoked by the Traffic Commissioner (TC) for the East of England.
- •The revocation was due to non-response to DVSA communications regarding an overloaded vehicle and breaches of the Goods Vehicles (Licensing of Operators) Act 1995.
- •The director of MS Foods Ltd was in Pakistan due to a family bereavement during the period of non-communication.
- •The director subsequently provided evidence of attempts to communicate with the DVSA, which was not considered by the TC.
- •The TC granted a stay pending appeal, suggesting the possibility of remittal for redetermination.
Legal Principles
Revocation of an operator's licence under sections 26(1)(b), 26(1)(f), and 26(1)(h) of the Goods Vehicles (Licensing of Operators) Act 1995.
Goods Vehicles (Licensing of Operators) Act 1995
Possibility of disqualification order under section 28 of the Goods Vehicles (Licensing of Operators) Act 1995.
Goods Vehicles (Licensing of Operators) Act 1995
The Upper Tribunal's power to remit a case for redetermination.
Upper Tribunal Rules
Outcomes
The appeal is allowed.
The TC's decision to revoke the operator's licence was set aside due to the miscommunication and the director's extenuating circumstances, and the case was remitted for redetermination before a different TC.
The matter is remitted for re-determination before a different Traffic Commissioner.
In the interests of justice, considering the miscommunication and the TC's own suggestion for remittal.
The stay decision is ended.
Because the decision to revoke the license is set aside.