Forms & Guidance

London Service Permit Appeals Panel - Guidance Note

1.Guidance

This Panel has been established by s.189(6) of the Greater London Authority Act 1999, as amended by s.267 of the Transport Act 2000. The Panel is appointed by the Lord Chancellor and consists of members of the Transport Tribunal. This Guidance Note is intended to provide information to the layman. It is not a substitute for the legislation, and has no legal force.

2. Administration of Appeals

Appeals to the Panel will be administered by the staff of the Transport Tribunal. Inquiries and correspondence should be directed to:

The Secretary,
London Service Permit Appeals Panel,
c/o Transport Tribunal,
Procession House
55 Ludgate Hill
London. EC4M 7JW

Tel: 020 7029 9780 (9.00am-5.00pm weekdays)
Fax: 020 7029 9782

Appeals are from decisions of Transport for London (TfL):
Transport for London,
London Buses,
172 Buckingham Palace Road,
London. SW1W 9TN

Tel: 020 7918 3135
Fax: 020 7918 3855

3. Time limits for appeals

By s.189(5) of the GLA Act 1999 an appeal to the Panel must be “made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision”.

4. Stays (ie. suspension of orders pending appeal)

If TfL has failed to renew or has attached a disputed condition to an existing London service permit this permit will continue in force until the appeal is disposed of. However, this does not apply in cases where a permit has been revoked or suspended owing to the frequency of the breach of conditions, or if the breach has been committed intentionally, or if the breach involves danger to the public: in these cases TfL's decision takes immediate effect and the Panel has no power to suspend the decision.

5. Procedure for appeals

Since there will have been no previous hearing the procedure for London service permit appeals will follow the First Hearing procedure set out for appeals from the Registrar for Approved Driving Instructors in the Transport Tribunal Rules 2000 (as amended) and in the Tribunal's Explanatory Leaflet. The notice of appeal should be served on the Panel, together with a copy of the document containing TfL's decision. The Panel will then serve the notice of appeal on TfL and require it to provide a statement of its case, with details of evidence relied upon. This material will then be served by the Panel on the appellant, who will in turn be required to provide a statement of his case, with details of evidence relied upon.

By s.189(10) of the GLA Act 1999 (as amended) any appeal hearing is to be conducted on the basis of documentary evidence only, unless the appellant requests otherwise. When stating his case the appellant must therefore notify the Panel if he wishes oral evidence to be called. Time and place of the appeal hearing will be set by the Panel and notice given both to the appellant and to TfL.

The hearing will be informal. Since the First Hearing procedure applies, TfL will have to establish its case. Both parties will be given the opportunity of making opening statements. TfL will call its witnesses first, if oral evidence is to be given. The appellant will then follow. Both sides will be permitted to cross-examine. TfL will then make a closing statement, followed by the appellant.

6. Decision of the Panel

By s.189(11) of the GLA Act 1999 (as amended) the Panel has wide powers. It may uphold or quash TfL's decision, or substitute such other decision as TfL had power to make. The Panel's decision may be announced at the hearing but will anyway be put into writing, with a summary of its reasons being provided.

7. Standards

As set out in the Transport Tribunal's Explanatory Leaflet, the Transport Tribunal endeavours to meet certain standards of service. If you are in need of help, please contact the Secretary of the Tribunal.

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