Licence appellant was under-funded
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AN EAST ANGLIAN haulier who appealed against Eastern Licensing Authority Ken Peter's decision to revoke his licence and refuse applications for a new standard international licence, had his appeal dismissed by the Transport Tribunal last week.
Mr Peter had taken action after a two-day public inquiry last August when he found Mervyn King, trading as M and C Transport, of Braintree, Essex, of bad repute and of not having "appropriate financial standing". Mr King's defence counsel, David Lamming, argued that the LA had failed to understand that Mr King would have soon paid back his £9,000-worth of fines — and thus was not of bad repute. He had not set himself on a "deliberate course" of not paying vehicle excise duty, as the LA had alleged, but a number of "specific and peculiar reasons" had caused problems, Mr Lamming said.
Marital problems had led Mr King into financial problems, he had been forced to undertake a costly move of premises by his local planning authority, a bad debt of nearly £12,000 was caused by another Essex haulier's collapsing, and he had lost two of his vehicles in accidents on the Continent.
Mr Lamming also argued that Mr King did have the appropriate financial standing for the proper running of his business. "The LA was misdirected by looking solely at the position of current liabilities and assets." An accountant at the public inquiry had said the business was solvent in accounting terms, he said.
Tribunal president, Judge Inskip QC, refused to look at new evidence on Mr King's financial standing when Mr Lamming offered it — it was not the place of the Tribunal to examine new evidence he said.
The Tribunal dismissed the appeal, but Judge Inskip said that the business would have until December 17 to run itself down.
He added that if Mr King wanted to make another application to the LA with a covering letter explaining the fresh circumstances and saying that he would be willing to answer on it to the LA, he could.