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JK Parcels' Licence loss overturned by tribunal
Page 22
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Judge finds that a delay in responding to VOSA letters was due to 'exceptional circumstances' following a family death.
THE BOSS OF JK Parcels, whose brother died during his application for authorisation for new premises, has won his appeal against Scottish Traffic Commissioner (TC) Joan Aitken's decision to revoke his 0-licence.
The TC made the revocation decision against Joseph Kennedy — trading as JK Parcels — in April, after he had failed to respond to letters regarding his application for a new operating centre in Airdrie, Lanarkshire.
A letter from VOSA to Kennedy dated 19 January had requested: • Confirmation that he had written permission to park eight vehicles at the Tom Vehicle Rental site in Airdrie.
• The full-page newspaper advert that publicised the new operating centre.
This was followed up on 22 February with another request for the same two documents. On 16 March, a letter was sent proposing to revoke the 0-licence on the grounds that he had "failed to submit the necessary documents". In early April, the TC revoked the licence, but later that month Kennedy appealed against the decision.
At the appeal, held in June, Kennedy apologised for not answering letters promptly during the crucial two months, but said he had been distracted owing to the fact his brother had disappeared on 7 January and was later found dead on 25 February.
In a written decision, Frances Burton, Upper Tribunal Judge, overturned the TC's ruling, saying the case should go back "for her further consideration': She added: "We consider that there are exceptional circumstances here and that revocation of the appellant's licence was wrong as his application appears to have been treated wrongly."