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BRIEFS Tax rebate not claimed

19th March 1998, Page 20
19th March 1998
Page 20
Page 20, 19th March 1998 — BRIEFS Tax rebate not claimed
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Keywords : Affidavit, Evidence Law

• A Shropshire haulier, who swore an affidavit that he had not used his vehicles since his licence was revoked last September, despite the fact that they are currently taxed, has been granted a fresh licence.

Peter Court, of Dowke Farm, Newcastle-on-Clun, had applied for a new international licence for four vehicles and five trailers.

When the case first came before West Midland Traffic Commissioner John Mervyn Pugh concern was also expressed about a failure to surrender the licence document and discs following the revocation.

The Commissioner adjourned the proceedings because he wanted Court to swear an affidavit that the licence and discs had been posted to the Traffic Area and that the vehicles had not been used. He also wanted an affidavit from the owner of the premises where it was said the vehicles were parked, to say they had been parked there and had not moved a wheel since the licence was revoked (CM 12-18 Feb).

For Court, Paul Carless produced affidavits from Court swearing the vehicles had been parked up at premises in Redditch since the revocation, and from Court's wife, swearing she had posted the licence and licence identity discs to the Traffic Area Office in September.

Unfortunately, the owner of the land in Redditch would not cooperate, said Carless. He had refused to swear an affidavit, write a letter to the Traffic Area or to appear at the public inquiry Mervyn Pugh said he had to be satisfied the vehicles had not been used. If the man who had them in his yard would not say if they had moved, it made him wonder a bit. The vehicle excise duty on the vehicles was very high and here was a man who lost his licence, who could get a refund on the tax but had not done it.

Carless said Court had not been disqualified from holding a licence and had immediately applied for a fresh licence and for interim authority to operate following the revocation. By the time it became clear interim authority was not going to be granted there was almost nothing left to claim back. He had made it clear to Mr and Mrs Court that if their affidavits were untrue they would be committing perjury Court said he had no idea why the owner of the land would not say the vehicles had remained stationary in his yard.

Granting a licence, Mervyn Pugh said a traffic examiner would interview the owner of the land. If Court had lied he would be in terrible trouble.


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