Andrew Hopkins & Anor

An appellate tribunal should not interfere merely because it might prefer a different view of the facts. The appellant must identify objective grounds showing that the decision below is wrong and that the reasoning process or application of the law requires a different conclusion. The Upper Tribunal may determine matters of fact and law on the material before the Traffic Commissioner, but it does not conduct a wholly new first-instance hearing. Where the statutory requirements for a standard public service vehicle operator’s licence are no longer satisfied, revocation is mandatory under Public Passenger Vehicles Act 1981, section 17(1). Notice sent to the operator’s registered addresses was sufficient where the letters were not returned and no change of address had been notified.

Andrew Hopkins and Tonna Luxury Coaches Ltd appealed against the Traffic Commissioner for Wales’s decision dated 23 November 2021 revoking two public service vehicle operator’s licences. The revocation followed the absence of representations or a request for a public inquiry after ‘minded to revoke’ letters had been sent by first-class and recorded delivery post to the registered addresses.

The appellants argued that they had not received the earlier letters and wished to surrender the licences voluntarily. The central issues were whether adequate notice had been given, whether the statutory grounds for revocation existed, and whether the Upper Tribunal should interfere with the Traffic Commissioner’s decision.

1. The appeals were dismissed. The revocation of Operators Licences PG1112247 and PG0005717 was confirmed.
2. Under paragraph 17 of Schedule 4 to the Transport Act 1985, the Upper Tribunal had full jurisdiction to determine matters of fact and law, but it was not required to rehear all the evidence as a new first-instance tribunal. Applying Bradley Fold Travel Ltd and Anor v Secretary of State for Transport [2010] EWCA Civ 695 and Subesh and ors v Secretary of State for the Home Department [2004] EWCA Civ 56, the appellants had to show objective grounds establishing that the Traffic Commissioner’s decision was wrong, rather than merely that another view was reasonably possible.
3. The Tribunal found, on the balance of probabilities, that four ‘minded to revoke’ letters had been sent to the company and Mr Hopkins at each of their two registered addresses. The letters had not been returned, and later letters sent to the same addresses had been received. The appellants produced no written or oral evidence sufficient to show non-receipt.
4. The appellants remained responsible for notifying the Traffic Commissioner of any change of address. Any move to another address did not undermine the sufficiency of notice because no change had been registered.
5. The requirements in section 14ZA(2) and (3) of the Public Passenger Vehicles Act 1981 were no longer satisfied. The statutory grounds relied upon by the Traffic Commissioner were correct in fact and law. Section 17(1)(a) and (b) therefore required revocation, and there was no proper basis for interference.
6. The appellants’ later return of the licences and discs, and their wish to surrender the licences voluntarily, did not alter the correctness of the decision under appeal. The Traffic Commissioner was entitled not to withdraw the revocation decisions while the appeals were before the Tribunal.

• Traffic Commissioner for Wales: revoked Operators Licences PG1112247 and PG0005717 on 23 November 2021.
• Upper Tribunal (Administrative Appeals Chamber): dismissed the appeals and confirmed the revocation decisions.