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Recovery work claims are dismissed
Page 24
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AN OPERATOR WHO falsely claimed that his unlicensed vehicle was carrying out recovery work has lost his appeal to the Transport Tribunal to have the unit returned.
The Transport Tribunal upheld the decision of South Eastern & Metropolitan Traffic Commissioner Philip Brown (pictured) not to return a vehicle to Zardasht Kadr, trading as VTRS. The vehicle had been impounded in February at Sheerness Docks while laden with a white van. The driver, An Abdulla, had said he was employed by Kadr, who was the registered keeper of the vehicle.
The vehicle had been stopped on previous occasions. so VOSA considered that Kadr would know he needed an 0-licence.
Kadr wrote to the TC saying he had not known that the vehicle was being used other than as a recovery vehicle, for which it was taxed and insured.
The TC concluded that Kadr knew the vehicle was being operated illegally and had been warned of the consequences.
Before the Tribunal, he said that the vehicle had been used without his consent. Ahdulla was not an employee, but, in fact, was a colleague whom he helped out occasionally He had been lent the vehicle with strict instructions that it was only to be used for recovery work.
The Tribunal said they found Kadr's account difficult to believe. They were not surprised, that with no explanation for repeated incidents involving the same driver, that the TC found as he did. Abdulla did not appear to be carrying out recovery work.
There was no corroboration at all of Kadr's statement that he had lent the vehicle with instructions that it was not to be used illegally.