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West Midland IC David Dixon is prepared to grant a

13th December 2001
Page 17
Page 17, 13th December 2001 — West Midland IC David Dixon is prepared to grant a
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Which of the following most accurately describes the problem?

licence to a company formed by a bankrupt Worcestershire haulier's wife on receipt of confirmation from the county court that her husband is allowed to act as the company's nominated CPC holder.

Grimley Freight had applied for a licence for one vehicle and one trailer based at the Kidderminster premises of Sealine International, For the company, Tim Culpin said Terence Wright had been in partnership with his son Michael, trading as TD Wright & Sons, with a licence for five vehicles and two trailers. Their main customer went into liquidation owing the firm £57,000. The business had always made a profit but as a result of that bad debt there was a deficiency of £31,000. They failed to take proper advice and put the partnership into liquidation, with the result that they were both made personally bankrupt.

Grim ley Freight had been formed with Wright's wife Anne as the sole director with Wright being employed as transport manager, said Culpin. He pointed out that the Transport Tribunal had indicated, in the case of AJ Cassells, that a bankrupt could hold an 0-licence in the absence of any fraud, Application had been made to Kidderminster County Court to enable Wright to be involved in the company's management and Wright's trustee in bankruptcy had indicated that he was not opposing that application. Culpin did not believe that there was anything to stop Wright acting as the company's CPC holder. The company's bank account and the overdraft facility on offer showed sufficient capital available for one vehicle, Culpin added. The overdraft was only there for an emergency as the Wrights did not want to be involved in any enterprise that did not pay its way. The only haulage the vehicle would be engaged upon was the transport of boats.

Indicating that he was minded to grant a licence on condition that he be notified within 28 days if Sealine International withdraws permission to use its site as an operating centre, the IC said that before doing so he required evidence from the county court authorising Wright to participate in the management of a limited company, and a letter from the bank confirming that the overdraft was in place.


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