AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

TC claims !logger hoodwink and refuses to return artic

13th February 2003
Page 18
Page 18, 13th February 2003 — TC claims !logger hoodwink and refuses to return artic
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

Keywords :

The return of an impounded vehicle has been refused by the Eastern Traffic Commissioner after he decided that an attempt had been made to hoodwink him over its ownership.

John Barry Hogger, trading as East London Transport, was seeking the return of the vehicle in front of TC Geoffrey Simms on the grounds that he did not know that it was being used illegally.

Senior traffic examiner Simon Phillips said an overloaded artic carrying wine was stopped in a check at Crich, Derbyshire in September. The tractor was sign written in the name of JCH Haulage. Checks carried out with the Traffic Area Office failed to find a valid 0-licence in the name of JCH Haulage or JCH Transport. Because of the proximity of the delivery point for the valuable load, the driver was escorted there and the unladen vehicle then detained. The registered keeper of the vehicle was JCH Transport and prohibition notices had been issued to the vehicle while being used by that company.

JCH Transport had presented the vehicle to the Thurrock Test Station for annual test in July. The driver said he was working for JCH Transport and documents obtained from the consignor. Seawheel, showed a contractual relationship between the two.

However, a Companies House search produced no evidence of a company called JCH Transport. But JCH Haulage's registered office was at JCH Transport's premises in Grays.

John Charles Hogger, John Barry Hogger's son, was shown as the sole director, while his father had resigned as a director at the end of August.

John Charles Flogger claimed that although he had bought the vehicle on behalf of his brother James, his brother was using the vehicle without his permission under the authority of an Irish carriers licence when it was impounded. He denied having been a director of JCH Haulage, his father's company, but admitted having worked for it.

Holding that John Barry Hogger was not the owner, the TC said he believed the vehicle still belonged to JCH Transport. A representation claiming that the vehicle had beer said by the company lacked substantiation.


comments powered by Disqus