Victory Scaffolding Limited & Anor

An appeal may be dismissed where appellants, having received notice and a reminder of the hearing, neither attend nor communicate with the Tribunal. This is particularly so where they give no explanation for their absence and make no request for determination in their absence.

The First Appellant held a restricted operator’s licence. The Deputy Traffic Commissioner revoked that licence and disqualified both Appellants for 12 months.

The Appellants appealed to the Upper Tribunal. They did not return the attendance questionnaire, did not respond to a further reminder, and did not attend the listed hearing. Telephone calls and an email on the hearing date also received no response.

The issue was whether the appeals should proceed in those circumstances.

1. The appeals were dismissed.
2. The Tribunal found that the Appellants had been notified of the hearing and had been reminded of its date and time. They failed to return the questionnaire concerning attendance and gave no response to subsequent communications.
3. Neither Appellant attended when the case was called. The Tribunal’s attempts to contact the Second Appellant by telephone and the First Appellant by email were unsuccessful.
4. There was no explanation for the non-attendance and no request for the appeals to be determined in the Appellants’ absence. The Tribunal therefore concluded that they were not going to attend to pursue their appeals and dismissed them.

• Upper Tribunal (Administrative Appeals Chamber): dismissed the appeals in [2024] UKUT 213 (AAC) because the Appellants did not attend or communicate with the Tribunal.
• Deputy Traffic Commissioner for the East of England: on 11 September 2023 revoked the First Appellant’s restricted operator’s licence under the Goods Vehicles (Licensing of Operators) Act 1995 and disqualified both Appellants for 12 months.