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Firm loses 0-licence after using UK base only once
Page 33
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IC rules that a company's 'UK operation' was actually based in — and controlled solely from — Spain. Mike Jewell reports on the case.
AN INTERNATIONAL operator that only used its UK operating centre once has lost its 0-licence after an inquiry ruled the company was based in Spain and controlled from there.
Eastern Traffic Commissioner Geoffrey Simms acted against Transclara following a two-day public inquiry. The company, whose nominated operating centre is in Hockcliffe. Bedfordshire, held an international licence for two vehicles and two trailers.
Director and transport manager Clare Barrett said she drove the one vehicle in possession, and had lived in Spain for 21 years.
Bad debts She said that the business had suffered from bad debts. causing the closure of operations at various stages. Barclays had closed the company's bank account in 2002, after which the company used her mother's account until a new account was opened in 2005. In addition, the company's one vehicle in possession had been declared off-road under a Statutory Off Road Notification (SORN) between June and December 2005.
However, the IC said tachograph records showed that journeys made by the specified vehicle had begun and ended at Alfaix in Spain. He added that the prolonged period of inactivity had also been spent at Alfaix.
The vehicle had been used sporadically in Spain from 9 November 2005 until it left for England, driven by Clare Barrett, on 9 December that year. It had arrived in Hockcliffe on 15 December 2005— and that was the only time the authorised operating centre had been used. Earlier this year the truck was brought to the UK to collect the company's trailer, which had been left at Scunthorpe.
Documents issued in Spain were produced at the inquiry. Murray Oliver, appearing for the company, claimed these permitted similar usage to that under which a vehicle might be used on UK highways when displaying trade plates. He said they were local journeys made to and from vehicle repairers. One of the documents represented similar authority for a journey from Alfaix to Hockcliffe.
The vehicle was re-taxed with the DVLA on 18 January 2006. It had been garaged at a haulage depot in Alfaix. Simms was told, because Barrett lacked the funds to run it.
Oliver argued that his client's abnormal circumstances of being unable to operate because of financial constraints overcame the requirement of normally keeping the vehicle at the Hockcliffe operations centre.
Revoking the licence, the 'I'C said that the fact that the company had not "normally" used the authorised operating centre, and that the "management" of the transport operations had been conducted from Spain (where the vehicle itself had been kept when not in use) meant control has been exercised from Spain.
The production of documents issued in Spain added weight to the proposition that the business was actually a Spanish operation.
Rejected He rejected the argument that he was required to identify a specific location within the town of Alfaix to establish that the vehicle had been kept there. Finally, the TC said that he made no finding against the good repute of Clare Barrett or her company.This would allow them to apply for a Spanish licence, which would enable him. to issue a Certificate of Qualification. •