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Finance company loses its bid for return of car transporter
Page 32
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A FINANCE company failed to secure the return of an impounded car transporter after it was unable to prove it was unaware its customer had no 0-licence. This was the third of the company's vehicles to be impounded while operated by the same customer.
South Eastern & Metropolitan Traffic Commissioner Christopher Heaps refused to return the vehicle to Close Asset Finance. He was told that two car transporters operated by Martin Orbell, trading as MMW, had been impounded on 24 August.There had been no application for the return of the second vehicle.
Another vehicle rented by Close Asset to MMW Car Logistics, trading as Martin Orbell Equipment Rentals, had been impounded on 27 July.
In seeking the return of one of the vehicles impounded in August, Close Asset said it was the owner under a lease agreement with MMW Car Logistics. Following the detention of the vehicle in July the company had served notice of the termination of the lease on the vehicle detained in August. Their repossession agents had been actively seeking to recover the vehicle at the time it was detained.
Refusing to return the vehicle, the TC said on 2 August an application had been made to the Eastern Traffic Commissioner for the return of the vehicle impounded in July. The hearing had been postponed at Close Asset's request.
An application for an 0-licence by MMW Car Logistics had been refused by the Eastern TC in February,he added.
It was clear that Close Asset had been aware since at least 2 August that MMW Car Logistics did not hold an 0-licence. Heaps remarked. This followed the application of 2 August, and Close Asset's attempts to repossess the other vehicles leased to MMW Car Logistics.
Close Asset could not demonstrate that it did not know that its vehicle was or had been used without licence authority.