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"Stupid oversight" led to truck being impounded
Page 34
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AN OPERATOR who claimed his lack of an 0-licence was just a "stupid oversight" has been challenged to attend a public inquiry and produce evidence to back up his claim that his impounded vehicle should be returned.
Steven Pearce, of Hornchurch, has been given 14 days to consider whether he still wants his application for its return to be heard at an inquiry after the South Eastern and Metropolitan Traffic Commissioner Christopher Heaps said that he had no discretion to order its return, as no grounds had been demonstrated under the regulations_ The vehicle concerned was impounded on 17 June while carrying fruit and vegetables. Pearce, who was the owner, admitted to the traffic examiner that he did not hold an 0-licence, saying that his previous 0-licence had expired and that he was in the process of reapplying.
In his application for the vehicle's return, Pearce said that he started business in February after a lapse of eight years, paying £6,000 for the vehicle. Some weeks ago he realised that his 0-licence had expired. When he was stopped he had all the details ready to reapply in the cab.At no time did he realise that he was driving illegally. He asked for the return of the vehicle so that it could be retested and sold to repay debts. His family faced financial ruin without the return of the vehicle because of a -stupid oversight" by himself.
"The TC said that on the basis of Pearce's admissions in his interview he found that he did not hold an 0licence on 17 June. Pearce had previously held an 0licence with John Port. trading as JET Fruitiers, and the presence of the application pack in his vehicle proved that he knew he was using the vehicle illegally.
The TC invited Pearce to state within 14 days whether he wished a hearing to be convened or whether he wished the TC to confirm his preliminary findings and determination without a hearing.