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TC's decision is upheld with accusations of bias dismissed

26th May 2005, Page 31
26th May 2005
Page 31
Page 31, 26th May 2005 — TC's decision is upheld with accusations of bias dismissed
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Keywords : Haulage, Law / Crime

The 20-year-old son and grandson ot two disgraced former hauliers has lost his appeal against a TC's refusal to grant him a licence.

THE TRANSPORT Tribunal has advised a licence applicant to forget accusations that his unfortunate family history had created bias in the mind of a TC, and instead concentrate on proving he can run a haulage business.

John Anthony Hogger, trading as JCA Transport, had sought an international licence for three vehicles and three trailers based at Askew Farm Lane, Grays. The request was rejected by Eastern Traffic Commissioner Geoffrey Simms.

His father,John Barry Hogger, and his grandfather,John Charles Hogger, had both operated from the same address, but had both had their licences revoked.

Roberta Hogger, John Anthony's mother, told the Transport Tribunal he wanted to set up his own business with the assistance of Lloyd Bailey, his nominated transport manager.

She claimed the TC had been biased against her son because of the shortcomings of his father and grandfather. There was no connection between her son and the other flogger businesses, she added, although she was aware that licence misuse was not uncommon in haulage. But she added that her son was not dishonestly intending to obtain a licence as a front for others.

Her son was aware of the shortcomings of his father and grandfather. He was inexperienced and would be relying on Bailey for everything. This was the reason he had been unable to answer the TC's questions about such matters as who he had purchased the vehicles from.

He had not known if the business was to be incorporated, or if he would be a sole trader, as they had originally registered a company, but had then dissolved it, considering that it was an unnecessary complication.

Applicant's ability questioned

Dismissing the appeal, the Tribunal said that even if the TC had believed there was no connection with the disqualified Hogger operators, it could not see how he could have been satisfied that John Anthony Hogger was capable of running a road haulage business, which required a level of administrative ability.

There had been no evidence about his talent, experience or aptitude. Nor was he studying for a CPC. The TC was also not convinced about the expertise or commitment of his transport manager, who had turned up without a plan for the proposed haulage operations.

The Tribunal considered that John Anthony Hogger had a steep learning curve to follow. He had failed to demonstrate he had worth as a licence holder in his own right. He needed to move his focus away from the potential bias claimed against the Hoggers, and towards the proper running of a licence, satisfying the basic undertakings in the application form.•


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