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Boss has no luck with truck

12th August 2004, Page 31
12th August 2004
Page 31
Page 31, 12th August 2004 — Boss has no luck with truck
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The TC concludes that a director's claim to be running a vehicle legitimately was unfounded — and refuses to give it back

CHRISTOPHER NEEDHAM a director of McNee Transport, has failed in his bid for the return of an impounded vehicle following a two-day public inquiry.

In January 2001 Christopher Needham and his brother Nigel, the directors of Fowlers Depositories (Morecambe & Heysham) whose licence had been revoked because of the use of red diesel and tachograph offences, were disqualified from holding an 0-licence for six years. In April 2001 an application for a licence by Limteam, trading as Fowlers of Morecambe, a company said to have taken over Fowlers' business, was refused.

Senior traffic examiner Mark Parrish said that when a vehicle driven by a third brother, Graeme Needham, was impounded inApril, he had said he was driving for a driver agency called Limteam and the vehicle was being used byTotal Haulage (Northern Ireland).However that company denied using it. A different Irish company, Surefreight, stated it had contracted the work to Fowlers Transport. The insurance document produced had been issued to haulage firm.McNee Transport.

Christopher Needham claimed the VI was discriminating and conspiring against the Needhams. He said he had an agreement with Total Haulage for the hire of five of his vehicles using their road freight licence.

He told North WesternTraffic Commissioner Beverley Bell there were no written documents or hire agreements. While the vehicle was hired through Total Haulage, the agency arranged payment of the insurance and drivers' wages. Asked who paid for the diesel, Needham A The claimant couldn't lell the TC who paid replied:"I can't answer that question." for the diesel On day two of the hearing, following further enquiries. Parrish produced a fax from Total Haulage stating that the vehicle had been specified on its operator's licence on 10 May, and that there was a hire agreement running from 1 May but it was unable to locate its copy.

Needham maintained that he had been unaware that the vehicle had not been specified on the Total Haulage licence in April.

Refusing to return the vehicle. the TC said she was satisfied McNee Transport had been the user, that any arrangement between Total Haulage and Christopher Needham was without substance, that documents produced at the roadside by Graeme Needham were calculated to deceive, and that Christopher Needham was attempting to circumvent the 0-licensing regime with illegal vehicles.


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