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Transport Tribunal backs TC in latest round of Pallas case
Page 8
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:ontroversial north-eastern operators Pallas Transport and Montana Transport have had another difficult day in front of the authorities. lAike Jewell reports on the Transport Tribunal's findings.
'ROUBLED OPERATOR Pals Transport Ltd of Co Durham iced more woe last week after the "ransport Tribunal concluded that be allegations made against a 'raffic Commissioner were withut foundation.
The Tribunal also dismissed an ppeaI by the company's sole irector. Sylvia Pallas, against TC 'om Macartney's refusal to grant the company a new national licence for 21 vehicles and 14 trailers. Pallas wanted to amalgamate the business with John McCaffrey, trading as Montana Freight Services and operating out of the same premises as Pallas.
The hearing had previously been adjourned to enable Pallas to seek legal representation — the TC had ordered transport consultants Alec Hayden and Gerry Hamilton not to represent it after they were deemed to have not been acting in the firm's best interests (CM 2 September 2004).
The company submitted written representations, maintaining Macartney had been wrong to conclude that it had withdrawn from a subsequent Public Inquiry in October (CM 14 October 2004). However, the Tribunal considered there was only one reasonable interpretation of statements from the company's solicitor that they did not wish to proceed with the inquiry that morning; the company was withdrawing from the public inquiry.
Pallas and McCaffrey have also lodged an appeal with the Scottish Court of Session over Macartney's decision that they had lost their repute following a Customs raid on their depot in January 2004.
They argued that matters the TC wished to raise about an earlier inquiry were sub judice because of this Scottish appeal. The Tribunal disagreed stating that the proposed new company was a separate legal entity to Sylvia Pallas, the appellant in the Court of Ses sion appeal. The Tribunal also decided the way Macartney dealt with Pallas's repute could not be faulted and so-called evidence that would amount to a "complete exoneration" of Pallas had failed to materialise. In fact, letters from Customs raised more questions than they answered in relation to the investigation, it said.
The Tribunal concluded that the TC's conduct had been fair and reasonable, His advice, guidance and directions given in relation to the company's application clearly demonstrated that he was doing all he could to ensure the company received a fair hearing.