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Operator escapes penalty for non-payment of VED
Page 35
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DESPITE HAVING SEVERAL convictions for failure to pay VED an operator has escaped action after the TC heard of his problems with vandals and had debt.
Nigel Powell Transport of Ross-on-Wye, Herefordshire. had been called before West Midland Traffic Commissioner David Dixon at a Birmingham disciplinary inquiry following convictions for VED offences in 2004 and 2005.
Powell blamed bouncing cheques for VED on problems after one of his drivers had been caught smuggling 1 80,000-worth of tobacco and the vehicle and load had been impounded. The driver had not been charged with any offence.
Powell had appeared at a previous public inquiry in September 2005. when his licence was curtailed to three vehicles and two trailers because of maintenance problems, overloading and hours and tachograph offences.
He said he had been cleared of any involvement in smuggling in August 2002. His yard was repeatedly broken into and windscreens were smashed The insurance company declared his insurance for the load void because there had been "smuggling with intent" and he ended up in debt.
When he sent cheques for VED there was money in the bank but bailiffs would arrive and demand payment for other debts.
The debt had been paid off in three years but he had been put under pressure to pay the bailiffs and had moved house three times. He had been threatened in his yard by four men. He had been unable to return the tax discs when the cheques were not honoured as the leasing company had taken the vehicles back.
Because of what happened magistrates withdrew most of the fines but he still had back duty to pay.
He believed the driver had given Customs information as it had "protected him to the hilt". He had a letter from Customs, which said it did not feel it had acted wrongly in not arresting the driver.
Powell said he had the funds to tax the three vehicles he now had.The TC said he would take no action against the licence.