NEWS of the WEEK
Page 28
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Appeal Order to Lie on Table THERE being evidence of abandon' ment, and a prima facie case of need not having been subsequently proven, a haulage company's appeal was dismissed by the Appeal Tribunal, last week. The company was the Palace Transport, Ltd., Carlisle Street, London, S.E.1, which appealed against the refusal of the Metropolitan Licensing Authority to grant an A licence, and earlier stages of the case were reported in The Commercial Motor dated November 4. The respondent was the Great Western Railway Co.
On Friday last, Mr. A. M. Lyons (for the haulier) was heard on the previous submissions of Mr. B. de H. Pereira (for the railway company). Mr. Lyons said that if there had been abandonment, he would undoubtedly have to prove a prima facie case. It was manifest, he submitted, that his client was a small concern, normally wholly occupied. That factor must be considered. Also, it was clear that no other road traffic existed with sufficient spare tonnage to carry the goods in question.
He further stated that a prima facie case must vary in its definition, according to whether it was applied to two vehicles or 20. (In this case it was two.) The Tribunal, in dismissing the appeal, said that reasons would be given in full on December 20 or 21. The order, however, would lie on the table until December 30, so that the appellant could make an application, with a changed base, to the South Wales Licensing Authority.
Mr. Lyons said such application
would be made and pursued. An award of costs amounting to £71 3s. was made in favour of the respondent.