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Rental firm fails to retrieve impounded truck after TC finds it is not the owner
Page 35
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SOUTH EASTERN & Metropolitan Traffic Commissioner Christopher Heaps has refused to return an impounded vehicle to Brisco Truck Rental because it had not completed its hire-purchase instalments, so it did not yet own the vehicle.
The loaded vehicle had been impounded by Vosa at Ealing. London on 1 September.An 0-licence disc in the name of Lounge Products was displayed, but that licence had been surrendered in January 2005. The driver said the vehicle was being operated by Port Talbot-based Glamorgan Furniture,a company which did not hold an 0-licence.
The hire-purchase agreement dated 7 September 2004 was between HSBC Finance (UK) and Brisco.
Taking that into account, the TC considered the vehicle remained the property of HSBC Finance until an option to purchase had been exercised by Brisco following the payment of a1136 instalments. Until that payment had been made, he said, he must determine that the vehicle should not be returned to Brisco, as it was not the owner of the vehicle.
THREE GROUNDS FOR RETURN
Only the owner of a detained vehicle can apply for its return on the grounds tnat: either the person using the vehicle or its owner held an 0-licence: or it was not being used without an 0-licence.