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Leasing firm at fault in repeating illegal custom

15th January 2004
Page 32
Page 32, 15th January 2004 — Leasing firm at fault in repeating illegal custom
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A LEASING COMPANY has failed in its bid to have an impounded vehicle returned after south eastern & metropolitan traffic commissioner Christopher Heaps concluded it was guilty of a "high degree of fault" in the truck's illegal operation.

The TC heard that the vehicle, which belonged to Finance and Leasing (London),had been impounded while being operated by Hornchurch-based Mark Chilvers. who did not hold an 0-licence.

Finance and Leasing's manager, Neil Rodhouse, admitted that two vehicles which had previously been impounded while operated by Chilvers and returned to the company had subsequently been returned to Chilvers.

He conceded that VOSA had written to him warning of the consequences if any more of his company's vehicles were impounded while being operated by Chilvers. He said that because of the history of unauthorised use Finance and Leasing had required Chilvers to sign a letter stating that the vehicle would not be used on the road until he had an 0-licence.

In reply to the TC. Rodhouse admitted that this arrangement was unique to Chilvers. Finance and Leasing had continued the arrangement because h paid on time. Leasing decisions were mainly based o whether the customer could pay the rental.

Asked about the warning letter from VOSA Rodhouse replied: "To be honest, I had forgotte about it."

Refusing to return the vehicle, the TC said tha given Chilvers' previous history of operating withou an 0-licence, and the fact that the company had re quired him to sign a unique undertaking about hi. licensing arrangements. he found that Finance an Leasing knew that the vehicle in question was likel to be operated illegally.

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Locations: Hornchurch, London