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Firm 'of insufficient repute' has licence appeal rejected
Page 33
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The Transport Tribunal confirms a TC's rejection of a licence application from a family firm that ran without authorisation. Mike Jewell reports.
WHEN WALSALL-BASED DC Haulage & Storage (DC H&S) applied to the then West Midland Traffic Commissioner David Dixon for an 0-licence, he refused it because of fraudulent bank statements and persistent illegal operation. The company appealed but now the Transport Tribunal has upheld the TC's decision.
The company had applied for a licence authorising six vehicles and two trailers; its directors were Steven Cookson, his mother and his sister. His father Len had resigned as a director on 23 December 2006. having moved to Australia.TheTC heard that the Cookson family had been in haulage for 30 years, most recently holding a partnership licence as Len Cookson & Son which ended on 31 October 2006.
A company known as DC Haulage was formed in March 2006 but this name was rejected by Companies House as there was already an unrelated company of that name. The new company was promptly re-registered as DC Haulage & Storage and started operating on 6 April 2006.
DC Haulage applied for an 0-licence on 15 May.That application was withdrawn by a letter dated 16 August on DC Haulage & Storage notepaper and signed by Len Cookson. DC Haulage & Storage applied for a licence on 21 August:again it was signed by Len Cookson. Holding that the company did not satisfy the requirement to be of good repute, the TC said bank statements supporting the first application had been falsified. presumably in an attempt to persuade him of DC Haulage's financial standing.
The TC added that DC Haulage & Storage had deliberately and knowingly operated vehicles without a valid licence for 10 months.
He pointed out that as the family had been in haulage for many years, it was inconceivable they were ignorant of the law. They knew the partnership licence would no longer be valid. otherwise they would not have applied for a new licence (CM5 April).
Dismissing the company's appeal, the Tribunal noted that Steven Cookson and other members of the family were co-directors with Len Cookson, and directors were expected to take some responsibility for the operation of a company. From at least November 2006 Steven Cookson had been in charge.
The Tribunal concluded that the TC had been entirely correct to decide that the company was of insufficient repute at the time of the public inquiry, as it was then still running vehicles without an 0-licence. us