Watkinson (85) cleared
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• Keighleybased Watkinson (85) has been cleared by Wigan magistrates of using a vehicle when a higher rate of vehicle excise duty was payable, and defence costs have been paid out of public funds.
Evidence was given by a police officer that be had stopped a Scania artic with a loaded single-axled semi-trailer. The tractor was displaying a tax disc showing a rate of vehicle excise duty restricted to sixaxled artics and the 0-licence disc indicated that the vehicle was operated by Watkinson.
There was a claim for back duty of £1,490.
Defending, Jonathan Lawton argued that the prosecution had failed to make a case because the taxation class depended on the plated weight of the vehicle. The tax disc itself was not evidence, and without evidence of the plated weight it was impossible to know the appropriate rate of VED. Neither was there any evidence that Watkinson owned or operated the vehicle, or employed the driver.
It was not for the magistrates to prop up an incompetent prosecution when the proper inquiries had not been made, Lawton concluded.