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BR' Repute kept after fine

12th December 1996
Page 16
Page 16, 12th December 1996 — BR' Repute kept after fine
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Which of the following most accurately describes the problem?

Keywords : Greenwood, Lease

by Derren Hayes • Chobhambased operator Alan Greenwood escaped action against his licence after SouthEastern Deputy Traffic Commissioner Francis Burton decided a £30,000 fine for illegally tipping controlled waste did not mean Greenwood had lost his good repute.

Jim Duckworth, appearing for Greenwood, told the Eastbourne public inquiry that the conviction against Alan Greenwood & Co (Transport) was the result of a long running feud between Greenwood and Surrey County Council (CM 25-31 July).

Duckworth said Greenwood had been given permission to tip on a former council refuse tip by the site owners. Greenwood said he presumed the site at Mizens Farm, Woking had a waste management licence because a number of other hauliers also tipped there.

No other operators were prosecuted. Greenwood said the council had picked on his vehicles because they had his name on; none of the others were liveried.

Greenwood, who runs 20 vehicles, said he was amazed the prosecution had been brought and flabbergasted at the conviction as he had co-operated with the Council.

Duckworth added: "We don't think Greenwood's reputation has been called into account. It's an occupational hazard—he's had his fingers burnt by this and it won't happen again."

Burton agreed, saying the case raised issues of procedural fairness which could have resulted in the conviction being overturned if an appeal had been lodged. Alan Greenwood & Co (Transport) has now been placed into liquidation. H An application by Alan Greenwood and C&M Haulage to operate from a new centre at Guildford Road, Ash has been adjourned following objections by Surrey County Council.

The council produced evidence to the inquiry showing land owners Shell UK had not given permission for its proposed use as an operating centre. Shell leases the land to a sitting tenant.

It also said that the lease does not allow the tenant to sublet the land and prohibits vehicles from parking there permanently.

Deputy Traffic Commissioner Francis Burton told Jim Duckworth, appearing for both companies, that the tenant had already done enough to lose the lease and he would have to show how the site could legally be used as an operating centre.

A decision will be given in writing.


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