Permission for appeals to the Upper Tribunal is not necessary unless you are outside the time limit. The following are decisions which can be appealed:
• Any refusal of an application or variation.
• Any decision to suspend, curtail, revoke a licence.
• Any decision to disqualify someone from holding a licence.
• Any decision on a Transport Manager’s repute or professional competence.
• Decisions made on a driver’s vocational licence
The Upper Tribunal will be concerned with whether the Traffic Commissioner:
• Was plainly wrong, or misdirected himself about the law or evidence;
• Took into account any matter which should not have been taken into account or failed to take into account matters which should have been;
• Offended the rules of natural justice in the conduct of the proceedings by showing bias, refusing the right to be heard, or failing to make clear what was alleged against the applicant / licence holder.
The Upper Tribunal’s decision will either:
• Overturn the TC decision and replace with a new decision;
• Revert case back to be heard before the TC (a different one if necessary);
• Dismiss the appeal and confirm TC decision.
• Written decision is produced.
Our specialist transport tribunal appeal solicitors have the expertise to help you with your enquiry, contact us on 0800 046 3066 for advice