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TC dears hauLier of 'phoenix' suspicion
Page 28
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Work was genuinely subcontracted and not a front for failed operation
A BIRMINGHAM-BASED firm that was under investigation into its connection with a failed operation and its associate has been granted a full licence after proving that it was not a phoenix company.
At an earlier public inquiry, Triangle Trading was given interim authority for two vehicles and three trailers after possible connections with two firms were probed. These were RA International (Midlands), a firm whose licence had been revoked, and Roger Arnold, trading as RA International. (CM 20 March) Triangle had applied for a new national licence for five vehicles and seven trailers, and in granting interim authority in March, Nick Jones. West Midland Traffic Commissioner. asked for evidence of sub-contracting.
The TC had been told that the company had two 3.5-tonnes vans engaged on local work and traffic to Spain and Italy. When they were offered artic work by existing customers, it was subcontracted. They had been offered local container work for the lorries. Richard Arnold, the initial proposed transport manager, had suggested they seek another transport manager because of his failing health.
They had been sub-letting the premises from his son Roger Arnold, but for the future they would be renting from the landlords. It was denied that Triangle was a phoenix company for RA International (Midlands).
Triangle director Gordon Bennett said he had been ill and had had no role in the company recently. The directorship was to change. Trident Continental Transport had been doing the work.
Richard Arnold, former transport manager of RA International (Midlands), said that company had gone into liquidation as a consequence of being a victim of a fraud perpetrated in France. Fines imposed by HM Revenue & Customs of £26,000 and £585,000, which resulted in the winding-up order, were being appealed to the High Court.
He added that Triangle could not be a phoenix company as Roger Arnold, trading as RA International, which had operated alongside RA International (Midlands), was still functioning.
Mark Sumner, Triangle's joint transport manager, produced invoices from Trident. He said Trident was paid in cash because Triangle was a new company and their credit rating was "not great".
Similar evidence was given in private by Trident's transport manager, Ronald Ellis.
The TC said that during the private session, Richard Arnold had stormed out of the room. He was aggressive and abusive and said it was all a waste of time and money. Sumner said that apart from initially being named as transport manager, Richard Arnold had nothing to do with Triangle.
Granting a licence for two vehicles and three trailers, the TC said that Triangle could apply to increase to five vehicles and seven trailers as soon as Sumner was made a director. He added that Richard Arnold would be called to a further public inquiry to consider his repute as Roger Arnold's transport manager because of his behaviour.