Request for “a chance” was not a request for a public inquiry

07/01/25

The Upper Tribunal handed down judgment yesterday in an appeal against a decision of the Traffic Commissioner for the East of England. The Traffic Commissioner revoked the appellant's goods vehicle licence in October 2023 on various grounds, each of which were challenged on appeal. 

By the fourth ground of appeal the appellant argued that it had exercised its statutory right to request a "public inquiry" (a public hearing at which evidence is adduced and the licence is reviewed) prior to any final revocation decision.

The Secretary of State intervened in the appeal solely to address that question. She argued that the words "Please consider allowing us a chance to prove these were not intentional errors..." could not reasonably be read as a request for a public inquiry.

The Upper Tribunal adopted and approved the Secretary of State's submissions on the public inquiry issue (while allowing the other grounds of appeal on which the Secretary of State made no positive submission).

The Judgment is here.