Form

Guidance for applying: UT12

Updated 4 December 2023

These notes should be read whilst completing the application form to appeal to the Administrative Appeals Chamber of the Upper Tribunal against a decision of the Traffic Commissioner.

The Administrative Appeals Chamber (AAC) is part of the Upper Tribunal and its jurisdiction includes deciding appeals from decisions of the Traffic Commissioners. The Upper Tribunal consists of specialist judges appointed by the King. Some are also judges in the courts, including the High Court.

Form UT12 is to be used for applying to the Upper Tribunal to appeal against a decision the Traffic Commissioner.

Form UT12 should be sent to the Upper Tribunal (AAC) office so that it is received no later than one month after the date the Traffic Commissioner’s decision. If you are late, you must explain why in Part H of the form.

You must have received a decision from the Traffic Commissioner before you can appeal to the Upper Tribunal.

Type of case

Most of the Traffic Commissioner work in the Upper Tribunal consists of appeals against decisions relating to heavy goods vehicles, goods operators (‘O’ licences), operating centres and public service vehicles, for example bus operators and services (PSV licences).

The appellant

We use the word appellant to describe a person who is making an appeal to the 
Upper Tribunal.

The appellant’s solicitor or other representative

A representative is someone who is helping the appellant, dealing with the correspondence and representing them at any hearing.

If you have a representative,  you should give their details in the boxes provided in this section, including their status (for example, solicitor, accountant, consultant). The Upper Tribunal office will then correspond only with your representative.

Details about other parties

Provide details of the other parties, if any.

Details of the original decision

Provide details of the original Traffic Commissioner’s decision. Include the:

• Traffic Commissioner’s case number
• date of the decision
• name of the traffic area office

You must appeal to the Upper Tribunal within one month of the decision made by the Traffic Commissioner.

Grounds of appeal

You must provide full written grounds of appeal in support of your application. Use the box provided on the form or a separate sheet of paper if necessary. If you use a separate piece of paper, make sure it has your name and the licence number on it.

Stay of decision

If the Traffic Commissioner has made an order against which you could appeal, the order will normally come into force when ordered irrespective of the appeal. You can apply to the Traffic Commissioner to suspend the effects of their order until the appeal is decided. If the Traffic Commissioner refuses a stay, you can apply to the Upper Tribunal to suspend the effects of the Traffic Commissioner’s order until the appeal is disposed of.

You should be prepared to supply full reasons for the proposed stay.

Stays are dealt with as a matter of urgency. In your own interests you should send any stay application to the Upper Tribunal as soon as possible after the Traffic Commissioner has refused it. A copy of the Traffic Commissioners’ stay decision must be sent with your application for stay.

You can only apply to the Upper Tribunal for a stay if the Traffic Commissioner has refused it.

Time extension

If your appeal to the Upper Tribunal is late, you must show a good reason for the Upper Tribunal to accept your appeal.

If your appeal was late or because you did not have a written statement of reasons it will only be admitted if the Upper Tribunal considers that it is in the interests of justice to do so. In any event you must explain the delay. The Upper Tribunal may take into account the length of the delay, and other matters such as the issues at stake, the potential importance of the case, so you can also mention these as reasons.

Use the box provided on the form or a separate sheet of paper if necessary. If you use a separate piece of paper, make sure it has your name and the licence number on it.

Declaration

The appeal form must be signed and dated by the appellant. The status of the appellant must also be shown in the box provided.

Where to send the form

You must use the E-Filing service to send form UT12 to the Upper Tribunal (Administrative Appeals Chamber) if you are:

• legally represented
• acting on behalf of a government department, agency or public body

You can find more information about using the E-Filing service.

If you are not legally represented, you should use the E-Filing service. If you are unable to, you must email or send form UT12 to:

The Upper Tribunal Office (Administrative Appeals Chamber)
5th floor Rolls Building
7 Rolls Building
Fetter Lane
London
EC4A 1NL

Email [email protected]

If you are late, you can still send in your form but you must explain the delay in Part H of the form.

You must enclose the documents listed at the end of the form. Otherwise, your application or appeal may be delay and may not be admitted.

Keep these notes in a safe place so that you have a record of the address of the Upper Tribunal office. Contact the office if you are not told within a week that the form has been received.