Upper Tribunal Appeals
The Upper Tribunal is the Court that hears appeals from the decisions of the Traffic Commissioners.
If a Traffic Commissioner's decision needs to be challenged because it is either wrong in law or biassed then an appeal against that decision must be lodged with the Upper Tribunal within 28 days of that decision.
It is often the case that the decision to be appealed will have a material effect on the ability of an operator to continue in business. An application must be made to the Traffic Commissioner and, if unsuccessful to the Upper Tribunal to delay the effect of the Traffic Commissioner's decision until the Upper Tribunal can hear the Appeal.
If the appeal is successful then the case may be sent back to the Traffic Commissioner for a fresh decision or the Upper Tribunal may substiute their own decision.
I have represented a number of operators in their appeals against the decision of the Traffic Commissioners.
Please contact me if you would like an opinion on the prospects of successfully appealing a decision of the Traffic Commissioner.
