John Pronk Transport BV: [2023] UKUT 184 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Beech on 27 July 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 4 September 2023

• Categories: Transport - Traffic Commissioner and DoE (NI) Appeals
• Sub-categories: Transport - Traffic Commissioner and DoE (NI) Appeals - International issues, Transport - Traffic Commissioner and DoE (NI) Appeals – Impounding, Transport - Traffic Commissioner and DoE (NI) Appeals – Other
• Judges: Beech, J
• Decision date: 27 July 2023

Read the full decision in UA-2022-001184-T.

Judicial Summary

Refusal to return a tractor unit to its Dutch owners following a Driver and Vehicle Standards Agency stop which found that the vehicle was engaged in unlawful cabotage. Application for return under regulation 10(4)(c) of the Goods Vehicles (Enforcement Powers) Regulation 2001 (illegal use accepted but owner did not know that it was being or had been so used). No documentary evidence produced at all of systems, training, planning or witness statements. Deputy Traffic Commissioner determined that the company had not satisfied him that it probably did know of the illegal use. Decision upheld. An alternative finding of actual knowledge of illegal use based on knowledge of driver was partly upheld. Appeal dismissed.

Published 4 September 2023