Burnley Council’s decision to immediately revoke a PHV driver’s licence on the grounds of public safety is being challenged by Parry and Welch Solicitors by Judicial Review proceedings which were started today. The PHV driver was given no notice of the allegation which led to his licence being revoked before he was called to an interview under caution in an enforcement officer’s car which was parked at a MOT testing station. The claim also alleges that Burnley Council failed to provide any reasonable opportunity for the driver to make representations to the decision maker, breached its own policies and made an irrational decision.
James Parry commenting on the application said “Council’s are increasingly using the power to immediately revoke driver’s licences in circumstances where little regard is given to the statutory requirements and the guidance that exists that this power was reserved for serious allegations where public safety requires immediate action and in many cases the decision making process, which denies the driver a right of reply is unfair. An appeal to a magistrates’ court is not an effective remedy as the driver cannot work until that appeal is heard, even if that appeal is successful”
The High Court’s decision as to whether permission to apply for judicial review will be granted is due within the next seven days and further updates will follow.