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Warning letters had no effect on decision to operate illegally
Page 24
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DESPITE THREE written warnings from the Traffic Area Office (TAO), a West Midlands haulier continued to operate illegally after his firm had gone into liquidation.
As a result Bilston-based Surinder Kumar Mahey, trading as JSK Transport Solutions, was refused a new licence for four vehicles following the liquidation of Mahey Logistics, of which he was a director.
For Mahey, Jim Marsh said the operation was now part of a franchise with the Dixons Group. The vehicles would be hired from Dixons. Mahey was currently using 3.5-tonne vehicles.
West Midland Traffic Commissioner Nick Jones said that in January Mahey had written to say that he had continued operations due to personal debts and his obligations to six employees. His CPC holder had not been told of the liquidation. He had been unaware of the need to inform the TAO of the liquidation.His intention was to study for a CPC.
Mahey said the company had gone into voluntary liquidation in April 2006 and was finally liquidated in October 2007. The new licence application was lodged in July 2007 as he realised by then that he was operating illegally. He continued to operate because of the company's financial debt. A lot of money had been invested in the company to try to keep it afloat and it had lost about £36,000 when it went into liquidation.
He agreed that he had been warned in letters from the TAO in September. October and November that he had no authority to operate. He also agreed that he did not declare the company's liquidation in the licence application form. He admitted that it was a condition of the vehicle insurance that he have an 0-licence.
The TC said it was difficult to see how it could be a worse case, with Mahey knowingly operating illegally for more than 12 months.