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APPEAL SUCCEEDS

11th February 1966
Page 45
Page 45, 11th February 1966 — APPEAL SUCCEEDS
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Keywords : Wimblington, Law / Crime

THE Transport Tribunal in London on Tuesday allowed an appeal by a Wimblington (Cambridge) haulage company against a grant by the Eastern Licensing Authority of a B licence to an Ely haulier alleged to have improperly used his Contract A licences.

The appeal was brought by Knowles Transport Ltd. of Wimblington and the Transport Holding Company (BRS) against the grant of the licence to F. J. and S. M. Papworth, of Witcham, Ely.

The Tribunal president, Mr. G. D. Squibb, said the reasons for allowing the appeal would be given in writing.

Mr. 0. Popplewell, counsel for Knowles, said it was an application for a B licence for two vehicles with a limitation for horticultural produce within 15 miles. Two Contract A licences would be surrendered if granted.

The substantial ground in this case was that the evidence given by the applicant pointed to a wholesale series of illegal operations which were deliberately and persistently carried out, said Mr. Popplewell.

The LA said he had taken some regard for the illegality by imposing a penalty of two months' delay in the granting of the B licence. The penalty, submitted Mr. Popplewell, was quite insufficient for the persistent and deliberate flouting of the rule.

Mr. C. R. Kaile, appearing for British Road Services, contended that the applicant had gone right outside the terms of the licences held.

Counsel for Papworth, Mr. R. M. Yorke, said the whole matter of the illegality had been exaggerated out of proportion. He conceded that some penalty was appropriate and the LA had clearly thought two months was correct. The appellant had not attempted to conceal the illegal work he had been doing.

Mr. Yorke said the LA had been satisfied that there was a public need. He was also satisfied that a statutory objection had not been made out.


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