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Licence removed for failure to update TC

1st September 2011
Page 19
Page 19, 1st September 2011 — Licence removed for failure to update TC
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Construction specialist Michael Welsh didn’t notify the TC about a change of address due to ‘mismanagement’

By Roger Brown

A ROCHDALE haulier that failed to tell the trafic commissioner (TC) about a change of address and subsequently did not pay its O-licence renewal fee on time, has lost an appeal to win its licence back.

Upper tribunal judge Jacqueline Beech upheld the April decision of North Western TC Beverley Bell (pictured) to terminate the licence of construction specialist Michael Welsh, authorised for three vehicles.

On 18 January 2011, the TC’s ofice sent the renewal fee and checklist documentation to the irm’s listed correspondence address – Edenield Road, Rochdale. However, ofice staff had received no response by the time the fee was due to be paid on 28 February.

Finally, on 9 March, another letter was sent to the company stating that the licence was to be automatically terminated as a result of the non-payment of the fee.

Director Michael Welsh replied on 17 March, saying the January letter had been overlooked due to the “incompetence of the forwarding address department” .

The company had changed its correspondence address in September 2007 to Newlaithe Farm, Rishworth, without notifying the TC.

According to Welsh, the failure to do so had been a result of “mismanagement” and “clearly an oversight” .

The irm’s vehicle had now been taken off the road and the relevant person reprimanded.

TC Bell, in her April decision, and subsequent review in May following the appeal, held that there had been “no exceptional circumstances” for allowing the late payment of the licence fee, and said the licence should be terminated.

On appeal, Welsh stated that he had realised he had made a mistake in failing to notify the TC of the irm’s change of address, for which he took full responsibility.

The irm had never been in trouble, paid its bills, taxes, including VAT on time and he himself was a law abiding citizen.

Welsh said it had been a dificult year for the business but it had pulled through. The O-licence was necessary to continue to operate the irm, which transports machinery and equipment to building sites.He had been upset about what had taken place and wished to be given one last chance.

However, Judge Beech added: “We ind that there are no exceptional grounds for the appellant failing to pay its licence renewal fees within time.

“The onus was on the appellant to ensure that the TC was informed of the up-to-date position in relation to the correspondence address and operating centre. The appellant failed to discharge that onus.” Beech added that it was open to Welsh to apply for a new licence.


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