Unopened letters cost operator his licence
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Appeal refused after judge is told that operator failed to respond to correspondence from TC
roger.brown@roadtransport.com GOLDMAN TRANSPORT, which had its O-licence revoked after it repeatedly failed to reply to letters from Trafic Commissioner (TC) staff requesting information about its operations, has lost an appeal to win it back.
Mark Hinchliffe, Upper Tribunal Judge, upheld the decision made by North Western TC Beverley Bell in November 2010 when she revoked the Manchester-based haulier’s licence for one vehicle and one trailer.
The Trafic Area Ofice wrote to the company on 23 December 2009 after receiving information that it was not using its speciied operating centre.
A form was sent to the irm to use if a change of operating centre was sought, but no reply was received. The ofice sent another letter on 15 January 2010.
Company director Aris Aziz replied on 20 January 2010, stating the company was still using its operating centre.
On 6 May, the ofice wrote to the company again asking if it still had permission to park its authorised vehicle at the operating centre, but no reply was received.
The ofice wrote again on 21 May, but there was again no reply.
On 26 October, the Ofice of the TC wrote proposing to revoke the O-licence and offering the company the chance to request a public inquiry. No reply was received by the 16 November deadline.
On appeal, Aziz said he could be away for periods of a month at a time, his business involved driving the vehicle to Iraq, and there was no-one in the UK able to handle his business correspondence properly. In his grounds of appeal, he wrote: “Unknown to me, the people at the operating centre ignored all the letters you have sent.” However, Hinchliffe said Aziz would have been back in the UK on a number of occasions between May and October, and no effort was made to communicate with the Trafic Area Ofice or with the Ofice of the TC.
He added: “Mr Aziz argued that the TC should have resorted to email or other forms of correspondence, but we reject this argument.
“Letters sent by irst class post or recorded delivery – as these were – is the proper way for important oficial correspondence of this sort to be sent.”