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Need for Careful Preparation

11th December 1959
Page 47
Page 47, 11th December 1959 — Need for Careful Preparation
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Which of the following most accurately describes the problem?

THE importance of an applicant's preparing a case properly and fully briefing a legal representative was illustrated at Birmingham on Tuesday. A question of normal user caused the adjournment of an application by the Bedford (Walsall) Transport Co., Ltd., despite the appearance of five customer witnesses.

Mr. N. j. Brooks, managing director, gave evidence to Mr. W. P. James, West Midland Licensing Authority, to support a normal user for an additional vehicle on A licence to cover London and southeast England, the southern counties, Lanes, Yorks, north-east England, Wales and. Scotland. Mr. Brooks said that there were increasing demands from customers.

Mr. James referred to the company's renewal application in March, 1955. After an objection by the British Transport Commission, the normal user for four vehicles was amended to read: "General goods, Walsall, Wolverhamp

ton, Bilston, Birmingham district within 25 miles."

In November of that year, he added, the concern had appealed against the refusal of a grant for an additional vehicle. Their appeal was allowed after the declaration of a similar normal user. Since then the vehicles should have worked mainly within 25 miles.

Mr. Brooks then told Mr. James that some vehicles had worked within such a limit. Mr. J. Foley Egginton, for the company, submitted that all this was unknown to him, and he must have an opportunity to go into the matter.

Following a short interval, Mr. Foley Egginton asked for an adjournment, pointing out that the company had three different normal users for seven vehicles, and there would have to be an analysis of the traffic carried by each.

Granting this request, Mr. James said that he fully agreed. If there had been breaches of normal user, the company were in great jeopardy.


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