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Letters Still Not Good Evidence L ETTERS which are specific in

1st August 1947, Page 26
1st August 1947
Page 26
Page 26, 1st August 1947 — Letters Still Not Good Evidence L ETTERS which are specific in
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Which of the following most accurately describes the problem?

their .1-4 statements do not constitute more reliable evidence than those which are general in their terms, because the statements made cannot be investigated. A similar disadvantage attaches to resolutions passed at meetings of associations of people requiring to employ transport.

This observation is made by the Appeal Tribunal in the case of W. J. Strangward, who appealed against the West Midland Deputy Licensing Authority's refusal of an A licence.

Formerly Mr. Strangward operated a vehicle under a contract A licence, but after the outbreak of war he use it with the latitude allowed by the emergency regulations. In 1945 he was granted a 13 defence permit, authorizing him to carry general goods, excluding liyestock, within a radius of 30 miles of Leominster.

This year Mr. Strangward applied for an A licence to use a vehicle, with an alternative livestock body, to carry general merchandise from Leominster. This application Was refused and he was subsequently granted a B licence, with conditions excluding the tiansport of livestock. The application for an A licence was opposed by the G.W. Rail way Co., and a number of hauliers operating livestock vehicles. Mr. Strangward produced a number of letters in support of his application. Mr. T. W. Rogers, chairman of the Leominster Branch of the National Farmers' Union, also gave evidence in that capacity. He agreed that he had not personally suffered inconvenience as a result of inadequacy of transport, but stated that at a meeting ot the Union a resolution was passed in support of Mr. Strangward's application. That meeting had, he said, quoted instances of difficulty in moving livestock. Mr. E. J. Sevens, vice-chairman of the branch, gave similar evidence.

The Tribunal points out that Mr. Rogers and Mr. Stevens could not be cross-examined on their evidence and that they could only repeat complaints made at the meeting.

By analogy, the Tribunal 'points out that if an applicant could rely on a resolution of a local meeting of the National Farmers' Union to discharge the onus of proof, the prima facie case established could b.s rebutted by a similar resolution passed by a local meeting of the Road Haulage Association to the effect that local transport was adequate. Such a situation would manifestly be impossible.

It is emphasized that the Licensing Authorities and the Tribunal are anxious to have the assistauce of associations, but that members should come forward with definite evidence.

The appeal was dismissed, with £8 8s. costs to the G.W.R.

On August 5, Crompton Parkinson. Ltd., will occupy Astor House, Aldwyeb, London, W.C.2. The electrical-vehicle division will remain at Electra House.


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