Remover Denied "Natural Justice"
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DURING a two-day hearing in London last week, Mr. Hubert Hull, president of the Transport Tribunal, criticized the West Midland Licensing Authority for having denied justice to a remover.
The Tribunal referred back to the Authority an appeal by Mr. G. E. White, Coventry Road, Birmingham, against the refusal of an A licence for a pantechnicon.
Mr. Hull said the only matter which troubled the Tribunal was the refusal of the licence without giving Mr. White
an opportunity of being heard on the proposal.
"We attach so much importance to this requirement of natural justice being observed that we do not think we ought to dispose. of this appeal finally without giving the Licensing Authority an opportunity of doing now what he ought plainly to have done then," he added.
The appeal was opposed by the British Transport Commission and tight Birmingham removers.
Mr. White, who presented his own case, said that his American ex-Army vehicle broke down and he had difficulty in getting the parts to repair it. He passed his removal orders to other contractors and eventually his vehicle was repaired, but, in the meantime, his licence had been revoked.
He allegedthat certain other Birmingham removal contractors had
ganged up" to drive him out of business.
Mr. J. C. SamuelGibbon, for one of the objectors, White's Transport Removals, Ltd., recalled that Mr. White had been unable to remember the precise place or date of the breakdown, and described his story as " fantastic " and "plainly false from start to finish." He said that the vehicle had been off the road for 15 months and he described Mr. White's attempts to obtain a replacement vehicle as "not convincing."
Mr. James Amphlett, for the Commission, said they had sympathy for Mr. White, because they had had an unfortunate experience with the same type of vehicle and only "intense cannibalization" had enabled any of them to be kept on the road and continue in service.
"We feel it is rather hard that he should lose his entire business because of a breakdown." he added.