Successful Appeal at The Upper Tribunal
The Operator in this case was unrepresented at his Public Inquiry. He had a number of issues which troubled the Traffic Commissioner and did not improve the Traffic Commissioner’s mood by failing to attend at the requested time before his Public Inquiry. The Traffic Commissioner began the Public Inquiry in the absence of the Operator at 10.00 and was interrupted at 10.05 by a telephone call from the Operator saying that he was stuck in traffic and would be there in 15 minutes.
At 10.20 the Traffic Commissioner reconvened the Public Inquiry whilst the Operator was still not present and stated that he would issue a written decision but that the likelihood was that the licence would be revoked and the Operator disqualified, citing one of the reasons that affected the Operator’s repute was his failure to attend. The Operator turned up as the Public Inquiry room was emptying. His reaction to the Public Inquiry being conducted in his absence was somewhat heated. The Traffic Commissioner refused to reopen the Public Inquiry and issued a written decision that day which revoked the licence, disqualified the Operator as a director of a licence holding company indefinitely and as a Transport Manager for three years.
Simon Clarke of SBC obtained a stay of the Traffic Commissioner’s decision and settled Grounds of Appeal to the Upper Tribunal.
At the Upper Tribunal the Operator was represented by Harry Bowyer. The Upper Tribunal allowed the appeal which centred on the Operator’s Article 6 rights to a fair and impartial hearing and his Article 1 of the First Protocol to the ECHR right to protection of property.
The matter was remitted for a fresh Public Inquiry in front of a different Traffic Commissioner
Case DetailsCase Name: Successful Appeal at The Upper Tribunal
Case Date: January 2018
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