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Chambers appeal is dismissed Philip Jones

14th November 1991
Page 14
Page 14, 14th November 1991 — Chambers appeal is dismissed Philip Jones
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Which of the following most accurately describes the problem?

• A maintenance agreement submitted by a licence applicant "was not worth the paper it was written on", Judge Harold Wilson said at a hearing of the Transport Tribunal last week.

The Tribunal was considering an appeal by Jane Chambers. Her application for a licence to base five vehicles and one trailer at Cockley Hill Farm, Kirkheaton, West Yorks had been refused by North Eastern LA Frederick Whalley because of doubts about Chambers' maintenance arrangements.

Wilson pointed out that the maintenance agreement had been signed by a Mr Greenwood as owner of NTR Transport of Grange Moor, near Wakefield. In fact Greenwood was not the owner of that business: he was only a fitter allowed to use NTR's facilities.

"This document about an important aspect the Licensing Authority had to deal with is a total fabrication," said Wilson.

Colin Ward, acting for Chambers, said that no objection had been raised about the contract before the LA met Chambers. It was evident that Greenwood could handle the maintenance at NTR, he said.

But Wilson pointed out that Greenwood was not entitled to contract on behalf of NTR or sign as owner of NTR.

When Ward suggested that the Tribunal was attaching too much weight to the document, Wilson told him: "Your client put forward a fictitious maintenance agreement and the LA was therefore not satisfied about maintenance arrangements."

Because the LA had not been satisfied about maintenance he had been correct in refusing the application so there was no point in pursuing other elements of the appeal, said Wilson.