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Impounded vehicle's ownership disputed
Page 24
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CONFLICTING STORIES of a truck's ownership were heard by the Transport Tribunal when it upheld a Traffic Commissioner's decision not to return a vehicle impounded last summer.
North-Eastern Traffic Commissioner Tom Macartney had refused to return the vehicle to John McCarthy, a member of the 'travelling community'.
The vehicle had been stopped in June while carrying pallets. It was driven by James Whyte, who said he was the owner but had no 0-licence. Whyte was warned the vehicle could be impounded unless it was used with a valid 0-licence. Later that day he was seen driving the vehicle loaded with cable and plastic wire and the vehicle was impounded.
McCarthy told the TC he had bought the vehicle from Whyte in May and that in June Whyte was taking it to a prospective purchaser. He did not know it was being used to carry a load.
Refusing to return the vehicle, the TC said Whyte and McCarthy had not been as candid with him as they should. He concluded that Whyte had been the owner of the vehicle on the day of the impounding.
Appearing before t he Tribunal,Whyte insisted that he had not been the owner,altho ugh he agreed that he had said he was. He maintained that he had sold the unit to McCarthy.