Tomsyl Ltd (T): [2025] UKUT 273 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 14 August 2025.
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.Judicial Summary
The appellant removed its transport manager and then asked for a six month period of grace to rectify the situation and appoint a new one. The Traffic Commissioner refused the application for a period of grace, and the appellant’s licence was revoked. The appellant had provided details of its efforts to recruit a new transport manager, but the Traffic Commissioner, in explaining its decision, simply stated that the appellant had not provided “tangible evidence” to indicate a positive outcome. The Upper Tribunal decided that the Traffic Commissioner’s decision was inadequately explained: it was not clear if the Traffic Commissioner accepted the appellant’s evidence (and if it did not, why?); and if the Traffic Commissioner did accept the appellant’s evidence, it was unclear why there were not reasonable prospects for a new transport manager to be appointed in the course of the period of grace.