applications and decisions · og1148136 sn david jenkins transport ltd director(s): david jenkins...
TRANSCRIPT
OFFICE OF THE TRAFFIC COMMISSIONER
(WALES) (CYMRU)
Correspondence should be addressed to:
Office of the Traffic Commissioner (Wales) (Cymru) Hillcrest House 386 Harehills Lane Leeds LS9 6NF Telephone: 0300 123 9000 Fax: 0113 248 8521 Website: www.gov.uk/traffic-commissioners
The public counter at the above office is open from 9.30am to 4pm Monday to Friday
The next edition of Applications and Decisions will be published on:
21/12/2016
Publication Price 60 pence (post free) This publication can be viewed by visiting our website at the above address. It is also available, free of charge, via e-mail. To use this service please send an e-mail with your details to:
The Welsh Traffic Area Office welcomes correspondence in Welsh or English.
Ardal Drafnidiaeth Cymru yn croesawu gohebiaeth yn Gymraeg neu yn
Saesneg.
APPLICATIONS AND DECISIONS
PUBLICATION NUMBER: 8466
PUBLICATION DATE: 14/12/2016
OBJECTION DEADLINE DATE: 04/01/2017
APPLICATIONS AND DECISIONS
Important Information All correspondence relating to public inquiries should be sent to: Office of the Traffic Commissioner (Wales) (Cymru) 38 George Road Edgbaston Birmingham B15 1PL The public counter in Birmingham is open for the receipt of documents between 9.30am and 4pm Monday Friday. There is no facility to make payments of any sort at the counter.
General Notes Layout and presentation – Entries in each section (other than in section 5) are listed in alphabetical order. Each entry is prefaced by a reference number, which should be quoted in all correspondence or enquiries. Further notes precede each section, where appropriate. Accuracy of publication – Details published of applications reflect information provided by applicants. The Traffic Commissioner cannot be held responsible for applications that contain incorrect information. Our website includes details of all applications listed in this booklet. The website address is: www.gov.uk/traffic-commissioners Copies of Applications and Decisions can be inspected free of charge at the Office of the Traffic Commissioner in Leeds.
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LIST OF CONTENTS
Section 1 – Applications Received 1.1 New applications 1.2 Variation applications
Section 2 – Applications Decided (Without Public Inquiries) 2.1 New applications granted 2.2 New applications refused 2.3 Variation applications granted 2.4 Variation applications refused
Section 3 – Schedule 4 Applications 3.1 New applications 3.2 Variation applications 3.3 Other Schedule 4 approvals
Section 4 – Applications Withdrawn or Grants Not Taken Up 4.1 Applications withdrawn 4.2 Grants not taken up (grant fee not paid)
Section 5 – Public Inquiries 5.1 Notice of public inquiries to be held 5.2 Decisions taken at public inquiries 5.3 Notice of Transport Manager public inquiries to be held 5.4 Decisions taken at Transport Manager public inquiries
Section 6 – Operating Centre Reviews (Without Public Inquiries) 6.1 Decisions taken following reviews
Section 7 – Licences Surrendered or Terminated 7.1 Licences surrendered 7.2 Licences terminated
Section 8 – Licences Revoked (Without Public Inquiries)
Section 9 – Corrections
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Section 1 – Applications Received Inspection of licence applications can be requested under the provisions of Regulation 9 of the Goods Vehicles (Licensing of Operators) Regulations 1995 by anybody who holds statutory objector status. Applications may be inspected free of charge at the Office of the Traffic Commissioner in Leeds by any person who carries written authorisation to act in that capacity. Objections against published applications may be made in writing by a Chief Officer of Police, a local authority, a planning authority or a prescribed trade union or association within 21 days of the date on which notice of an application is published in Applications and Decisions. Objections must be made either on the grounds that any of the requirements listed in Section 13 of the Goods Vehicles (Licensing of Operators) Act 1995 are not met and/or that a nominated operating centre will be unsuitable for use as such. A copy of the objection must be sent by the objector to the applicant at the same time that it is sent to the Traffic Commissioner. The onus of proof in terms of the grounds on which an objection is lodged lies with the objector. You may fax a copy of your objection to 0113 2488521 but please note that you must send the original signed document through the post. Classification of Operator Licences – There are three classes of licence:
• A Restricted (R) licence authorises the use of a goods vehicle on public roads in Great Britain for the carriage of the licence holder’s own goods in the course of his trade or business. The licence holder cannot carry goods for other people for hire or reward;
• A Standard National (SN) licence allows the licence holder to carry both his own goods and goods for other people for hire or reward, on public roads in Great Britain. He can also carry his own goods on journeys abroad;
• A Standard International (SI) licence allows the licence holder to carry both his own goods and goods for other people for hire or reward. These activities can be undertaken both in Great Britain and on international journeys.
Section 1.1 – New Applications OG2000270 SI GBA TRANSPORT LTD
Director(s): SAMUEL JUDAH, MAUREEN JUDAH, JOHN GUNN UNIT 11, SANDTOFT INDUSTRIAL ESTATE, BELTON, DN9 1PN Operating Centre: TGB TRANSPORT, E M EDWARDS WORKS, LLANDARCY, NEATH, SA10 6JY Authorisation: 5 vehicle(s), 5 trailer(s) Transport Manager(s): CLAIRE LOUISE GOLDSBROUGH
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OG2000128 SN NIGEL JOHN DUFFY AND SHARON DOROTHY DUFFY Partner(s): NIGEL JOHN DUFFY, SHARON DOROTHY DUFFY 58 FREEMANS WALK, PEMBROKE, SA71 4AS Operating Centre: HANSON PREMIX, CAREW AIRFIELD, SAGESTON, NEAR TENBY, SA70 8SX Authorisation: 7 vehicle(s) Transport Manager(s): NIGEL JOHN DUFFY
OG2000222 R CROFTWICK LIMITED
Director(s): Paul Russell Fillmore CROFTWICK HOUSE, CHAPEL STREET, PONTNEWYDD, CWMBRAN, NP44 1DL Operating Centre: CROFTWICK HOUSE, CHAPEL STREET, PONTNEWYDD, CWMBRAN, NP44 1DL Authorisation: 1 vehicle(s)
OG2000411 R GT ACCESS LTD
Director(s): JONATHAN MARK TILL, JO-ANNE TILL, PATRICIA TILL 19-21 SHERWOOD ROAD, ASTON FIELDS INDUSTRIAL ESTATE, BROMSGROVE, B60 3DR Operating Centre: UNIT 3, LITCHARD INDUSTRIAL ESTATE, LITCHARD LANE, BRIDGEND, CF31 2AL Authorisation: 6 vehicle(s), 4 trailer(s)
OG2000622 R James & Jones (Pallets and Packaging) Ltd
Director(s): Peter McKenzie JJSPPL, Wrexham Ind. Estate, Wrexham, LL13 9RG Operating Centre: JJSPPL, Wrexham Ind. Estate, Wrexham Authorisation: 5 vehicle(s), 10 trailer(s)
OG2000362 SN GARETH REDVERS EVANS
KEEPERS LODGE FARM, WAUNARLWYDD, SWANSEA, SA5 4NQ Operating Centre: KEEPERS LODGE FARM, WAUNARLWYDD, SWANSEA, SA5 4NQ Authorisation: 1 vehicle(s) Transport Manager(s): DAVID EMLYN COURT
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Section 1.2 – Variation Applications OG1123913 R TIP TOP TOILETS LTD
Director(s): MATTHEW REES 41 HAULWEN, CWMDARE, ABERDARE, CF44 8RW New operating centre: FEDW HIR, CWMYNYSMINTON ROAD, ABERDARE, CF44 0DX New authorisation at this operating centre will be: 3 vehicle(s) Removed operating centre: UNIT D, HIRWAUN INDUSTRIAL ESTATE, HIRWAUN, ABERDARE, CF44 9UP
OG1148136 SN DAVID JENKINS TRANSPORT LTD
Director(s): DAVID JENKINS 29 BRIDGEND ROAD, ABERKENFIG, BRIDGEND, CF32 9BG New operating centre: UNIT 5, RAVEN CLOSE, BRIDGEND INDUSTRIAL ESTATE, BRIDGEND, CF31 3RF New authorisation at this operating centre will be: 4 vehicle(s), 3 trailer(s)
OG1120420 SN TRADEBE HEALTHCARE NATIONAL LIMITED
Director(s): VICTOR CREIXELL DE VILLALONGA, STEWART McGOWN, ROBERT MOLENAAR ATLAS HOUSE, THIRD AVENUE, GLOBE PARK, MARLOW, SL7 1EY Increase at existing operating centre: MARLBOROUGH ROAD, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9RJ New authorisation at this operating centre will be: 15 vehicle(s), 12 trailer(s)
OG1125801 R PRICE FENCING & LANDSCAPING LIMITED
Director(s): ELWYN PRICE, JASON PRICE, PAMELA PRICE MAESGWYNNE INDUSTRIAL ESTATE, CEFN COED, MERTHYR TYDFIL, CF48 2SD New operating centre: MIDEC BUILDING, MAESGWYNNE INDUSTRIAL ESTATE, CEFN COED, MERTHYR TYDFIL, CF48 2SD New authorisation at this operating centre will be: 1 vehicle(s)
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OG0092856 SN F LLOYD (PENLEY) LIMITED Director(s): LLOYD F, H LLOYD S, F LLOYD N BRIDGE ROAD, WREXHAM INDUSTRIAL ESTATE, WREXHAM, WREXHAM, LL13 9SQ New operating centre: F LLOYD (PENLEY) LTD, BRIDGE ROAD, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9SQ New authorisation at this operating centre will be: 20 vehicle(s), 45 trailer(s) Removed operating centre: BRYN LANE, WREXHAM INDUSTRIAL ESTATE, WREXHAM, LL13 9UT Removed operating centre: ADREFELYN FARM, VICARAGE LANE, PENLEY, WREXHAM, LL13 0NF
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Section 2 – Applications Decided (Without Public Inquiries) Appeals against any decision published in this section must be lodged with the Upper Tribunal – Administrative Appeal Chamber (Transport), 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL not later than 28 days after the date of the letter conveying the Traffic Commissioner’s (or Deputy Traffic Commissioner’s) decision. Appellants can obtain guidance on lodging appeals, including downloading the appeal form, from the website: www.administrativeappeals.tribunals.gov.uk
Section 2.1 – New Applications Granted OG1147360 R EDWYN OWEN THORMAN
BEUDY NEWYDD, OLD LLANDEGFAN, MENAI BRIDGE, LL59 5PY Operating Centre: BEUDY NEWYDD, LLANDEGFAN, MENAI BRIDGE, LL59 5PY Authorisation: 2 vehicle(s)
OG1148314 R RICHARD IVOR OWEN & PARTNERS
Partner(s): HANNAH LAURA ASHTON, RICHARD ANEURIN ASHTON, RICHARD IVOR OWEN CWM Y FFYNNON, LLANBRYNMAIR, SY19 7DY Operating Centre: DOLFAWR PANDY, LLANBRYNMAIR, SY19 7DZ Authorisation: 1 vehicle(s), 1 trailer(s)
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OG1148610 R INTEGO PACKAGING (DEESIDE) LTD Director(s): SCOTT WHITTON UNIT 43, DRIVE D, ZONE 2,, DEESIDE INDUSTRIAL PARK, DEESIDE, CH5 2NU Operating Centre: UNIT 43, DRIVE D, ZONE 2, DEESIDE INDUSTRIAL PARK, DEESIDE, CH5 2NU Authorisation: 3 vehicle(s), 1 trailer(s) New Undertaking: The director will attend a 1 day operator licence awareness course, run by a trade association (FTA/ RHA/ BAR/ CPT), a professional body (IoTA/SOE/ IRTE), a JAUPT approved training body or an OCR/CILT-approved exam centre by no later than 29/05/2017. A copy of the certificate of attendance will be sent to the Central Licensing Office in Leeds within seven days of the course taking place. (Note, if an operator wishes to use a provider not meeting these criteria, that must be agreed in advance with the Traffic Commissioner). Please note that the course must be physically attended. Online management courses will not be accepted. An independent audit of the operator’s systems for maintenance and drivers’ hours and the effectiveness with which those systems are implemented will be carried out by the RHA, FTA or other suitable independent body, by 29/08/2017. The audit should cover at least the applicable elements in the attached annex. A copy of the audit report, together with the operator’s detailed proposals for implementing the report’s recommendations, must be sent to the traffic commissioner within 14 days of the date the operator receives it from the auditor. A copy of the report should also be forwarded to the local DVSA office and OTC Wales. The operator will provide the Traffic Commissioner original bank statements and other financial documents (such as overdraft facility agreements or credit card statements) that show the licence holder has access to the appropriate funds for the size and type of licence. These documents are to be received at the office of The Traffic Commissioner, Hillcrest House, Leeds by no later than 30/05/2017 and cover the full months of February, March and April 2017. Attached to Licence.
Section 2.2 – New Applications Refused No entries
Section 2.3 – Variation Applications Granted OG1121072 SN 4 SEASONS BEER TENT CO LTD
Director(s): CHRISTOPHER JOHN STOCKTON UNIT 1, LIGHTWOOD GREEN INDUSTRIAL ESTATE, OVERTON, WREXHAM, LL13 0HU Increase at existing operating centre: UNIT 4, FIRST AVENUE, REDWITHER BUSINESS PARK, WREXHAM, LL13 9XP New authorisation at this operating centre will be: 28 vehicle(s), 21 trailer(s)
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OG0093490 R HUWS GRAY LTD Director(s): TERRY OWEN, JOHN LLEWELYN JONES, DEWI MORRIS, ANDREW WAGSTAFF, CHRISTOPHER DUDLEY JOYCE, MEIRION PRITCHARD INDUSTRIAL ESTATE ROAD, LLANGEFNI, LL77 7JA Increase at existing operating centre: COED BRYN DISGWYL, PENTRE BERW, GAERWEN, LL60 6LL New authorisation at this operating centre will be: 5 vehicle(s), 6 trailer(s)
OG1113134 SN MALCOLM STUART O'DARE
3 CRANHAM PARK, JOHNSTON, HAVERFORDWEST, SA62 3PU New operating centre: UNIT 14B, WATERSTON INDUSTRIAL ESTATE, MAIN ROAD, WATERSTON, MILFORD HAVEN, SA73 1DP New authorisation at this operating centre will be: 3 vehicle(s) Removed operating centre: UNIT 11, BRICKHURST BUSINESS PARK, JOHNSTON, HAVERFORDWEST, SA62 3BP
OG1058639 SI TRAILERMECH LIMITED
Director(s): DAVID LOWRIE BAKER 1 ANEURIN ROAD, BARRY, CF63 4PP Removed operating centre: CORNER OF ATLANTIC WAY + ATLANTIC CRESC., ATLANTIC TRADING ESTATE, BARRY, CF63 3RF New operating centre: REGIS OILS, COMPASS ROAD, QUEEN ALEXANDRA DOCK, CARDIFF, CF10 4LU New authorisation at this operating centre will be: 1 vehicle(s), 2 trailer(s)
Section 2.4 – Variation Applications Refused No entries
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Section 3 – Schedule 4 Applications Schedule 4 to the Goods Vehicles (Licensing of Operators) Act 1995 allows, in certain situations, the transfer of operating centres from one existing licence to either another existing licence or as part of a new licence application. A range of qualifying criteria has to be met, with approval at the Traffic Commissioner’s discretion. An important consideration in the process is any environmental history relating to the subject operating centre or any potentially adverse environmental impact resulting from the transfer. Legislation prevents any statutory objection against the Schedule 4 element of an application.
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New Applications (Section 3.1): where the Traffic Commissioner has given a direction that the provisions of paragraph 2 of Schedule 4 shall apply, objections may only be lodged against the published application under Section 12(1)(a) of the 1995 Act, disregarding the suitability of the operating centre for use as such by the applicant as set out in Section 13(5)(d) of the Act. Variation Applications (Section 3.2): where the Traffic Commissioner has given a direction that the provisions of paragraph 4 of Schedule 4 shall apply, objections may again only be lodged against the published application under Section 12(1)(a) of the 1995 Act unless that transfer can be accommodated without any overall increase in the existing overall vehicle/trailer authorisation on the receiving licence, in which case there is no statutory requirement to publish details of that application. However, Section 3.3 does detail any such applications in order that interested parties are made aware of changes to authorised operators at listed operating centres
Section 3.1 – New Applications No entries
Section 3.2 – Variation Applications No entries
Section 3.3 – Other Schedule 4 Approvals No entries
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Section 4 – Applications Withdrawn or Grants Not Taken Up
Section 4.1 – Applications Withdrawn OG1145794 SI D & A 004 LIMITED
Director(s): LEE GREENSLADE, RICHARD GRIMES
Section 4.2 – Grants Not Taken Up (Fees Not Paid) No entries
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Section 5 – Public Inquiries Note: anyone wishing to attend a public inquiry is advised to contact the Office of the Traffic Commissioner on 0121 609 6836, the day before the inquiry, to avoid unnecessary travel should the inquiry be adjourned for any reason.
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A transcript of the taped proceedings of public inquiries (either in full or in part) may be ordered from the Office of the Traffic Commissioner. The cost of the transcript varies according to demand and size of content and the office will be able to advise on the scale of charges when an order is placed. Appeals against any decision published in this section must be lodged with the Upper Tribunal – Administrative Appeal Chamber (Transport), 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL not later than 28 days after the date of the letter conveying the Traffic Commissioner’s (or Deputy Traffic Commissioner’s) decision. Appellants can obtain guidance on lodging appeals, including downloading the appeal form, from the website: www.administrativeappeals.tribunals.gov.uk
Section 5.1 – Notice of Public Inquiries to be Held No entries
Section 5.2 – Decisions Taken at Public Inquiries Public Inquiry (72905) held at Welshpool Law Courts, 24 Severn Street, Welshpool SY21 7UX, on 23 November 2016 commenced at 10:30 (Previous Publication:(8461)) OG0093642 R DANIEL JOSEPH MULLANE DANIEL JOSEPH MULLANE CAE GWYN, NANT PERIS, CAERNARFON, LL55 4UH Adverse findings are made under sections 26 (1) (b); 26 (1) (c) (iii); 26 (1) (ca);26 (1) (e); and 26 (1) (f) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Actâ€�). I do not make an adverse finding under section 26 (1) (h) of the Act. The operator remains fit to hold a licence as a result of the undertakings given, below. I am satisfied that the operator has the necessary financial resources. The operator agrees to two undertakings being recorded on his licence: 1. The operator will employ an examination qualified transport manager under a written contract of employment or contract for service. The contract will be for a minimum of one hour a week and it will be copied to the Office of the Traffic Commissioner (OTC) in Birmingham. For the purposes of the suspension, below, the transport manager will be regarded as in post when written confirmation is received from OTC Birmingham. 2. The operator will have a one off audit conducted in September or October 2017 and it will be copied to both the OTC Birmingham and the local DVSA office. The audit will be of maintenance systems and documentation – and additionally – drivers’ hours and records compliance. The audit will be conducted by either the FTA or RHA (no-one else). Previous audit requirements no longer apply. The operator’s licence is suspended. The suspension will be for a minimum of one week from 00:01 hours on 26 December 2016 until 23:59 hours on 1 January 2017. The suspension will continue after 1 January 2017 until the new transport manager is in post. For the avoidance of doubt and to assist clarity, this means that the suspension could be as short as a week if a transport manager is in post before Christmas and this is acknowledged in writing by the OTC Birmingham – but if there isn’t a transport manager in post and acknowledged by OTC Birmingham, the suspension period will continue indefinitely. An order is made under section 26 (6) of the Act preventing the specified vehicle being used on any other licence during the period of suspension.
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Public Inquiry (72954) held at The Welshpool Law Courts24 Severn StreetWelshpoolSY21 7UX, on 8 December 2016 commenced at 10:30 (Previous Publication:(8464)) OG1089039 R BALA BODYREPAIR LTD Director(s): JOHN GWYNFOR JONES, JAMES RICHARD JONES 13 INDUSTRIAL ESTATE, BALA, LL23 7NL • Adverse findings are made under sections 6; 26 (1) (b); 26 (1) (c) (i) and (ii); 26 (1) (c) (iii); and 26 (1) (f) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act�). • I do not make adverse findings under sections 26 (1) (b); or 26 (1) (g) of the Act. I was notified of convictions within 28 days. • The operator meets the requirement for financial resources under section 26 (1) (h) of the Act. • The operator no longer meets the requirement to be fit to hold an operator’s licence under section 26 (1) (h) of the Act. I confirm that this is because it transpires the operator needs a standard national and not a restricted licence. • The operator’s licence is revoked from 23:59 hours on 31 January 2017. If the restricted licence was sufficient and there wasn’t a need for a standard national licence, then I would have merely suspended the operator’s licence for a period of time.
Section 5.3 – Notice of Transport Manager Public Inquiries to be Held No entries
Section 5.4 – Decisions Taken at Transport Manager Public Inquiries TM Public Inquiry (Case ID: 5208, Public Inquiry ID: 3487) for PAUL WILLIS to be held at Hillcrest House (Leeds), LS9 6NF, Hillcrest House, 386 Harehills Lane, Leeds, on 6 October 2016 commencing at 14:00 Repute not lost
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TM Public Inquiry (Case ID: 5310, Public Inquiry ID: 3569) for STEPHEN RICHARD HOPKINS to be held at Hillcrest House (Leeds), LS9 6NF, 386 Harehills Lane, LEEDS, on 7 December 2016 commencing at 10:30 Repute not lost
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Section 6 – Operating Centre Reviews (Without Public Inquiries) This section lists the results of reviews of operating centres made without the need for a public inquiry (with the Traffic Commissioner’s decision based on documentary evidence submitted). Appeals against any decision published in this section must be lodged with the Upper Tribunal – Administrative Appeal Chamber (Transport), 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL not later than 28 days after the date of the letter conveying the Traffic Commissioner’s (or Deputy Traffic Commissioner’s) decision. Appellants can obtain guidance on lodging appeals, including downloading the appeal form, from the website: www.administrativeappeals.tribunals.gov.uk
Section 6.1 – Decisions Taken Following Review No entries
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Section 7 – Licences Surrendered or Terminated
Section 7.1 – Licences Surrendered OG0093891 SN Licence surrendered WEF 5 December 2016
STEPHEN JOHN CHUBB 6 LLYS MEIRION, CAERNARFON, LL55 1LE
OG0095838 SN Licence surrendered WEF 8 December 2016
PAUL TREVOR ALLPORT CAE PWSAN, CLYNNOGFAWR, CAERNARFON, LL54 5NN
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Section 7.2 – Licences Terminated No entries
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Section 8 – Licences Revoked (Without Public Inquiries) Appeals against any decision published in this section must be lodged with the Upper Tribunal – Administrative Appeal Chamber (Transport), 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL not later than 28 days after the date of the letter conveying the Traffic Commissioner’s (or Deputy Traffic Commissioner’s) decision. Appellants can obtain guidance on lodging appeals, including downloading the appeal form, from the website: www.administrativeappeals.tribunals.gov.uk No entries
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Section 9 – Corrections
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