Special-A Licence Made Void by Mr. Williamson
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IN a reserved decision, Mr. F. Williamson, North Western Licensing Authority, has made void a "special-A licence held by Mr. Albert Davies, Old Trafford, Manchester. He has accepted Mr. Davies' application to have the vehicle concerned deleted from his licence—but has refused to assign it to anyone else. This follows an inquiry last week, when Mr. Williamson was told of irregular assignments and dealings in the licence, together with disputes about the ownership of the vehicle.
Two people asked for the licence to be assigned to them—Mr. K. Miller, Withnell, Chorley, and Mr. L. Simrn, of Melville Transport, Manchester. Another concern, North End Storage and Haulage Co., Bolton, withdrew their application.
Mr. Williamson was told that early this year Mr. Davies bought the licence, covering a Luton van, from Ringway Motors. Manchester. The price was 11,750, and through Ringway's representative, Mr. R. Batley, hire-purchase arrangements were made with Lombank, Ltd, in April, Mr. Davies wanted to sell the vehicle, and Mr. -Batley, who was no longer employed by Ringway Motors, agreed to dispose of it for 11,500. This would be Made up of a £500 Jaguar car, and payment to the finance company of an outstanding 11.000.
Agreed to Buy •Licence In evidence, Mr. 'Batley said Davies signed forms for an assignment to Mr. Miller, and the docunients were sent to the Licensing Authority. However, after viewing the vehicle Miller decided it was unsuitable, but agreed to buy the licence for 1900.
Batley had had about £80 worth of alterations done to the van, and it was agreed that Davies should take it back for f900, so Davies repossessed himself of it, and Batley had not seen him since.
Mr. Davies told the Authority that because he could not read or write he had been persuaded to sign a number of blank documents to his detriment. He had not signed assignment forms for Miller and he did not himself agree to buy the vehicle back from Batley. When Batley did not fulfil his promise to pay bff the hire purchase, he regarded the deal as off, and at the end of May assigned the vehicle to Melville Transport, who agreed to pay £280 and the 11,000 hire purchase.
Transaction Falls Through
Mr. J. A. Dunkerley, for Miller, said he was a dealer in special-A licences, and had acted-throughout in good faith. After agreeing to buy the licence, from Batley, he immediately re-assigned it to North End Storage, but the transaction was never completed because of the delay. Davies had obviously known when he made arrangements with Batley that the licence would be assigned to a third party and that he could not delete his original assignment application without the Authority's permission..
For the hire . purchase company, Mr. L, W. Hillier said when Davies bought the vehicle from Ringway Motors he A28 signed an agreement not to assign it without permission. Lombank were not told about the transactions which followed, but had since found out that the Jaguar was also on hire purchase from them. The outstanding amount on this vehicle had since been paid.
After unsuccessful attempts to get hold of the special-A licence, they issued a writ for possession because, at the lime of the sale to Melville Transport, Davies was no longer the owner of the vehicle. • Assignment Void •
Concluding, Mr. Dunkerley submitted that Davies' original assignment application to Miller could not be withdrawn, so the one to Melville Transport was null and void.• Miller should therefore be allowed the assignment.
Mr. Williamson refused Miller's Application on the ground that the deal involved only the licence. The vehicle had never been in his possession, although he had signed documents saying that it Was. Also, the documents signed had been repudiated by Davies.
The assignment to Melville Transport was refused because Davies did not own the vehicle when he assigned it to them, as the hire-purchase agreement had been terminated.
Davies' application for the vehicle was accepted longer owned it. the deletion of becaose he no TEMPO FOR AUSTRALIA • ERMAN Tempo Matador commercial vehicles are to be built in New South Wales. Australia, by a subsidiary of Vidal und Sohn, Hamburg. A thousand vehicles are expected to be assembled in the first year.