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Freed: The Leighton Buzzard one
Page 35
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A GARAGE OWNER has won a longrunning battle to free an impounded truck after a Transport Tribunal overruled a TC's second decision to refuse its return.
The vehicle had been used by WC Commercials to transport customers' trailers to a test centre in Leighton Buzzard.
In August last year, the Eastern Traffic Commissioner Geoffrey Simms refused to return the vehicle to garage owner William Dunstan after concluding that the movement of trailers to the test station required an 0-licence and there was no such licence in force. The garage claimed it did not know the vehicle was being used without a licence (CM5 September). However, on appeal, the Transport Tribunal directed the TC to reconsider the matter of the company's knowledge (CM 24 April). In again refusing to return the vehicle. the TC said that where a person failed to make enqi "because he did not want to know" they I not complain if they were treated as h. actual knowledge.The company had three warnings that a licence was required,yet the traffic examiner produced legal auth managing director William Dunstan had bornly refused to read the relevant passa the High Court's decision (CM 12 June).
Allowing the company's appeal. the T port Tribunal said the TC had not expr addressed the need for a "high degree of fi Knowledge had to be judged by whai person concerned actually thought and ti the objective standards of a reasonable rit