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DTC won't crack over tile tales
Page 33
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A MIDLANDS BUILDER has lost his appeal to have his truck returned after DTC Geoffrey Simms refused to believe he was transporting large amounts of construction materials for private use.
The vehicle,belonging to Coalville-based Benjamin Smith, was first impounded at Leamington Spa on 31 July. carrying a load of tiles without an 0-licence. Smith sought its return on the grounds that the vehicle was being used to return the tiles. which he had bought for private use — to rebuild his stables.
But the VI said that Smith ran a barn-conversion business, and West Midland DTC Roger Seymour refused to return the vehicle. The Transport Tribunal allowed Smith's appeal and directed that the matter be reconsidered by a different Commissioner, following the result of a pending prosecution for unauthorised use (CM 6 February).Anthony Ostrin, for Smith. told Simms that the magistrates in this case had dismissed the charge of using the vehicle without an 0-licence. In refusing to return the truck, Simms said it was carrying 800 ridge tiles when Smith's own personal requirement, even if he had been engaged on any building work, was 150. Various factors contributed to the conclusion that Smith was engaged in the building trade, for which purpose he was using the vehicle when it was detained.