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Transport Tribunal rules that evidence was too weak to justify revocation
Page 38
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THE TRANSPORT TRIBUNAL has ruled that a Traffic Commissioner acted on insufficient evidence when he revoked a company's licence because he thought it was a 'front'. It has told him to reconsider.
West Drayton-based Rex Haulage and its director Jaspreeta Grewal successfully appealed against the revocation of the company's licence and their disqualification from holding or obtaining an 0-licence by Eastern TC Geoffrey Simms.
The TC had revoked the company's licence, disqualifying the company indefinitely and university student Jaspreeta Grewal for three years after concluding that she was a front for her father, Mohinder Singh Grewal, who had previously held a licence specifying the same four vehicles.
Her father had surrendered his licence in April 2006 because of disputes with customers and had decided to pass the business on to his children. His son Tarvin derj it was nominated transport manager.
Making the revocation and disqualification orders theTC had concluded that the younger members of the Grewal family had been used and manipulated for the benefit of their father (CM 23 November 2006).
Appearing for the company, Jeremy Fear told the Tribunal the TC had recorded that Mohinder Singh Grewal was being investigated for unauthorised use of an operating centre when no evidence of that had been produced at the public inquiry.
He said that decision had coloured the TC's view because it gave Mr Grewal a motive for the 'fronting' which the TC believed had occurred. Without the 'fronting' issue the principle concern was the unauthorised use of an operating centre for which a late application had been made.