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Melton reapplies for licence after appeal

12th April 2012, Page 14
12th April 2012
Page 14
Page 14, 12th April 2012 — Melton reapplies for licence after appeal
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Melton Container Logistics has successfully appealed against the decision to have its O-licence refused

By Roger Brown

MELTON CONTAINER Logistics, which had its O-licence application for 15 vehicles and 20 trailers refused on the grounds of lack of inancial standing, has won its appeal against the decision.

In a written decision, Upper Tribunal Judge Alan Gamble also overturned the November 2011 ruling by Miles Dorrington, deputy trafic commissioner (DTC) for the Eastern trafic area, which disqualiied the Melton Mowbray-based company’s sole director Vilma Cassidy from acting as a director of any operation for a period of three months on the grounds of repute.

DTC Dorrington said he was not satisied there was evidence to prove that the company owned assets worth £71,000, which was necessary to demonstrate it met the appropriate inancial standing requirements for its standard national licence. This was despite Melton Container Logistics producing valuation documents via its accountants, which indicated that it owned vehicles, trailers and other assets valued at more than £71,100.

The documents included a schedule of vehicles and trailers from the Fleet Auction Group, and a schedule of other assets with their valuations.

At the appeal hearing, Melton Container Logistics argued that DTC Dorrington had ignored the valuation documents. In response, Judge Gamble said that DTC Dorrington had not “suficiently explained and justiied his conclusion” , or outlined why he did not accept the valuations placed on the company’s leet and on its other assets by their respective valuators.

Also in his decision, DTC Dorrington said the company had operated trucks between 29 June 2011 and 7 July 2011 without an O-licence. He added that Vilma Cassidy had the responsibility of monitoring and supervising operations at Melton Container Logistics so that unlicensed operations did not take place. However, on appeal, the company argued that during this period, the vehicles were actually being operated by her husband Paul Cassidy as an individual and that the DTC had clear evidence of this from a Vosa trafic examiner. Judge Gamble accepted the company’s submissions and said the case should be looked at again by a different TC or DTC at a fresh public inquiry.

He added: “We set the DTC’s decision aside on the basis of the errors of law identiied by us in this decision.

“We are not satisied that the DTC had an adequate basis for his inding that it was the company that was operating vehicles in the period in question.

“The DTC had an inadequate basis for his conclusion – which was crucial to the issues of good repute and Mrs Cassidy’s disqualiication – that in the period under discussion the irm was operating vehicles on an unlicensed basis. In that regard, he erred in law and was indeed plainly wrong.” Melton Container Logistics has since submitted a new O-licence application, which is currently in progress.

Right to overturn

An appeal judge will overturn the decision of a TC or DTC if errors of law are identified.


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