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Impounded vehicle is returned to 'genuinely confused' operator

11th January 2007
Page 30
Page 30, 11th January 2007 — Impounded vehicle is returned to 'genuinely confused' operator
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Which of the following most accurately describes the problem?

THE PACKFORD GROUP won the return of an impounded vehicle after the Transport Tribunal concluded that director Andrew Packford was .`genuinely confused" by operator licensing.

The vehicle,loaded with office furniture and driven by Packford, had been impounded in February at Bicester, Oxon because Packford did not hold an 0-licence. Western Traffic Commissioner Philip Brown had refused to return the truck after concluding that Packford knew he was breaking the law.

The Tribunal heard that while the vehicle was specified on an 0-licence held by Necessities Office Equipment (Holdings), that company had been wound up in September 2005. However, the business was still alive under a different name and as a different legal entity.

As the vehicle was owned by the Packford Group, Packford had not realised he was doing anything wrong, especially as he owned and controlled the Packford Group businesses. Packford had admitted that the day before the impounding his maintenance contractor had warned him that he needed a new licence in his own name.

The Tribunal noted that Packford was also confused about other areas of the law. He did not appear to understand that every company is a distinct legal entity and the Tribunal could not be satisfied that Packford had actual knowledge of the offence.

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Organisations: Transport Tribunal

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