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TC told to reconsider refusal to return impounded vehicle
Page 36
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A TRAFFIC Commissioner has been instructed to reconsider his decision not to return an impounded vehicle after the Transport Tribunal ruled that HSBC Equipment Finance (UK) was clearly the vehicle's owner. However, the Tribunal rebuked /BBC for failing to attend the public inquiry where North Eastern Traffic Commissioner Tom Macartney made his decision.
The Tribunal said HSBC's attendance would have enabled the TC to find out if the company knew, or should have k nown, that the vehicle was being used without licence authority.
It had been impounded in March. Driver Douglas Phillips had said he worked for Lind Logistics, adding that the vehicle was owned byThrmac Central but was being operated by Rainbow Services which had taken responsibility font two weeks previously.
He had also reported that it was covered by a finance agreement with HSBC which was underwritten byTarmac Northern.
In December the TC had refused a licence application by Lind Logistics because he considered it was a phoenix company formed following the revocation of the licence of Polar Logistics. Though HSBC did not appear before the TC it had sent in a statement that there was an agreement with Tarmac under which vehicles were financed for ownerdrivers by hire purchase agreements. Each vehicle was the responsibility of its driver. Attached to the statement was an invoice from Tarmac to HSBC for the sale of the vehicle.The vendor was said to be Lind Logistics, alt hough Tarmac was the guarantor in a scheme designed to finance vehicles for owner-drivers.
The TC decided there was no conclusive evidence that HSBC was the owner.
Appearing for HSBC, Ruth Hosking said it was unfortunate that the TC had not seen a statement obtained by the traffic examiner from Patricia Watson. of Tarmac Northern, who had seen the hire purchase agreement between HSBC and Lind Logistics. This proved that HSBC owned the vehicle.
The Tribunal said the evidence had established that HSBC was the owner, though there was no obvious explanation for why this evidence had not reached the TC.
However, it did not prove that HSBC knew or ought to have known that the vehicle was being used without a licence.