The Traffic Commissioners office in the UK is responsible
for the licensing and regulation of those who operate heavy goods vehicles,
buses and coaches, and the registration of local bus services. If you are
facing a Public Inquiry with the Traffic Commissioners, you may be wondering
whether to use a consultancy service or a legal service to represent you.
There are pros and cons to both options. Consultancy
services can offer a more cost-effective way to get the advice and support your
need, while legal services can provide you with the representation of a
qualified lawyer.
Pros of Using Consultancy Services
o
Cost-effective: Consultancy services are
typically less expensive than legal services. This is because consultancy firms
do not have the same overhead costs as law firms.
o
Experienced: Consultancy firms often have
a team of experienced professionals who can provide you with the advice and
support you need. This can be especially helpful if you are facing a complex or
challenging Public Inquiry.
o
Flexible: Consultancy firms can be more
flexible than law firms. This is because they are not bound by the same rules
and regulations. This can be helpful if you need to change your plans or if you
need to get advice quickly.
o
Perception: The Traffic Commissioner may
consider this a favourable way to deal with his office, as this shows that you
are will to learn and have someone by your side who may help you in the future,
whilst lawyers are usually seen to be there to help you get out of a tricky
situation and would not be there for the long term. In essence not to use a sledgehammer to crack a nut.
Cons of Using Consultancy Services
o
Not qualified to represent you in court:
Consultancy firms are not qualified to represent you in court. This means that
if you are found guilty of a breach of the law, you may not be able to appeal
the decision.
o
Lack of experience in legal proceedings:
Consultancy firms may not have the experience in legal proceedings that a law
firm has. This can be a disadvantage if you are facing a complex or challenging
Public Inquiry.
o
May not be able to provide you with the same
level of representation as a law firm: Consultancy firms may not be able to
provide you with the same level of representation as a law firm. This is
because they are not bound by the same rules and regulations.
Pros of Using Legal Services
o
Qualified to represent you in court:
Legal firms are qualified to represent you in court. This means that if you are
found guilty of a breach of the law, you will be able to appeal the decision.
o
Experienced in legal proceedings: Legal
firms have experience in legal proceedings. This can be an advantage if you are
facing a complex or challenging Public Inquiry.
o
Can provide you with the same level of
representation as a consultancy firm: Legal firms are bound by the same
rules and regulations as consultancy firms. This means that they can provide
you with the same level of representation.
o
Authorised Professionals: Lawyers are
legally allowed to represent you at a Public Inquiry, the Transport
Commissioner has to accept the representation, whilst as a consultant you may
not be granted the right to represent your client (although this is very rare,
also permission is usually asked well before the PI hearing)
Cons of Using Legal Services
o
More expensive: Legal services are
typically more expensive than consultancy services. This is because law firms
have higher overhead costs.
o
Less flexible: Legal firms are less
flexible than consultancy firms. This is because they are bound by the same
rules and regulations. This can be a disadvantage if you need to change your
plans or if you need to get advice quickly.
o
Single Incident Solution: Legal
representation is usually for a single event and after the event generally both
parties part ways, while with consultant services the opportunity to build a
lasting partnership post a PI is usually the route.
Which Option is Right for You?
The best option for you will depend on your individual
circumstances and needs. If you are looking for a cost-effective way to get the
advice and support you need, then a consultancy service may be the right option
for you. However, if you are facing a complex or challenging Public Inquiry,
then you may want to consider using a legal service. Ultimately, the decision
of which option to choose is up to you. It may also be the case that you have both professionals by your side, to firstly help naviagte through the Public Inquiry and secondly to propose the consultants as a future solution and commitment to fixing the identified non-compliance within the organisation.
Conclusion
If you are facing a Public Inquiry with the Traffic Commissioners
office in the UK, you will need to decide whether to use a consultancy service
or a legal service to represent you. There are pros and cons to both options,
so it is important to weigh them carefully before making a decision.
We at the FTC, feel you should always seek
advice from us, openly discuss the case with us, where we would be able to give
you advice with integrity as to the best route to success.
