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TC maintains director was one in name only
Page 26
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Deliberate deception on the part of Rainham-based company results in loss of licence
DISQUALIFYING INDEFINITELY Havinder Pasricha, the sole director of Rainham-based Beeline Sameday, from holding an 0-licence when revoking the firm's licence, Christopher Heaps, the South Eastern & Metropolitan DeputyTrafficCommissioner,concluded she was a director in name only.
The company. which held a licence for 11 vehicles and two trailers, had been fined £1,800 by Medway Magistrates for permitting drivers' hours offences.
Traffic examiner Alison Smith said that analysis of tachograph charts for the period from 9 December 2006 to 6 January 2007 and September 2007 revealed various offences, including driving without a tacho in use; missing kilometres: driving in excess of 10 hours and four hours respectively without the required rests; and insufficient rests.
In total, 128 charts Were inspected and 31 offences were detected. A total of 1,565 kilometres were unaccounted for. Jasbir Pasricha, who introduced himself as one of the directors and the transport manager, promised in 2007 he would put systems in place so tacho charts wouldn't be overlooked for analysis in future.
Jasbir Pasricha has never been specified as the transport manager on the licence in the absence of evidence of his CPC qualifications.
She understood one of the nominated transport managers, John Crook, lived in Spain. The company's receptionist had no knowledge of Crook.
Havinder Pasricha said Jasbir was a director of Beeline Logistics. Matthew Bright, who had been employed to analyse charts, had been appointed as a transport manager in April 2008.
Havinder Pasricha had no idea when Crook had moved to Spain, because everything was dealt with by Jasbir Pasricha, who paid Crook personally. She had seen Crook only a few times, She was unaware of the prohibition notices that had been issued.
Bright said he has been acting as transport manager for a minimum of eight hours a week since April 2008. Making the disqualification and revocation orders, the DTC said he found that Havinder Pasricha was not — and had not ever been — the guiding hand behind the company.
She might be the sole director de jure. but she had not been the director de facto. as was demonstrated by her almost total lack of knowledge concerning the company.
The influence of Jasbir Pasricha had been demonstrated in a number of ways. For example, evidence given by a driver said Pasricha had prepared a letter in January with a view to deceiving the magistrates that the driver had been given a warning letter in November.
The company had been operating without a transport manager for years, and the requirement for a properly qualified transport manager had been deliberately breached by the company until April 2008.