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Does delay help my case?
Page 40
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I am an employed driver. My HGV licence was recently suspended at a public inquiry for a period of time, but I had to wait nearly two years for the case to come before the TC.
Does this long delay give me any grounds for appeal? If so, would Ida better appealing to a magistrates court or the Transport Tribunal? Driver Name and addresssupplied It is unclear why you had to wait so long. It might be that you gathered penalty points over a period of time, orthere was a related court case which was heard first. As a matter of legal principle, a long delay is of concern to courts and tribunals. In the criminal courts sentences are reduced for less serious offences if the case is old and stale.
If you wanted to pursue delay as part of your case you should really have raised it at the original hearing, although it may still be possible to raise it at any appeal. However, it might be said that the long delay was beneficial to you because if a lot of time elapsed between the incidents which gave rise to the suspension and the revocation of your licence, you could have argued at the public inquiry that you had a good recent track record as mitigation. Indeed, the TC might have taken that into account.
Any right of appeal would be to the magistrates court and you will need to exercise this right quickly. However, in the magistrates court. unlike the Public Inquiry, you can be ordered to pay costs if you lose your case.
You need to think long and hard about any appeal and we really need much more information about it. This court is not a good forum for driver appeals as magistrates are rarely well versed in vocational driver licensing and the work of the TCs. For this reason they are quite likely to uphold the IC's decision