GS Couriers (Nottingham) Limited; Richard Gethings-Smith; Louise Gethings-Smith [2020] UKUT 234 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Beech on 6 July 2020
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Judicial Summary
Courier Co required OL to obtain a franchise. Employed a “fraudster” who purported to be a transport manager who committed acts of forgery (including his own certificate of competence) and made false representations. The directors failed to acquire any knowledge of operator licensing and made no attempt to supervise the “fraudster”. The MD did not even read the OL application form but merely signed the last page. The company operated vehicles without an OL (although one eventually granted) and then operated more vehicles than permitted on the OL and from an operating centre which was based in a different traffic area to that which had granted the licence. Matters came to light when the forged CPC certificate was submitted with a TM1 form.
Issues: full and frank admissions and heavy reliance upon the credibility of the “fraudster”. New transport manager who had put everything right as soon as she took over. Whilst the company and the directors may have lost their good repute as a result of the “fiasco”, whether it had been regained as at the date of the PI, including the MD obtaining his own CPC qualification. Lack of reasoning set out to justify a negative conclusion.