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TWO'S A CROWD

1st December 1994
Page 30
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Page 30, 1st December 1994 — TWO'S A CROWD
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Which of the following most accurately describes the problem?

Virgin Transport seemed the perfect name for a brand new tipper company. But the people behind this two-vehicle operation reckoned without the wrath of a multinational giant which is determined to remain the only Virgin on the block.

Standing beside a tipper, up to your ankles in the mud of a Peak District quarry, it is difficult to imagine anywhere further from the glamourous world of Richard Branson's Virgin Group. But apparently these two worlds are closer than you might think, at least according to Virgin Group's solicitors, When Julia Howard and Annette MaltbyBaker started trading as tipper operators, with their husbands handling the driving, they decided on the name of Virgin Transport for their Manchester-based operation. "We just picked the name out of the air when we launched the firm in August," says Howard.

The company was conceived when her husband Colin decided he was fed up driving and finding customers for someone else. After trying the banks for a loan and being turned down, the Howards were about to give up when Julia's mother offered to remortgage her house and put up the money.

The Howards and the Maltby-Bakers each bought a Leyland Constructor eight-wheel tipper and started trading. A month later the first letter from Virgin's solicitor arrived threatening legal action for "passing off".

The letter stated: "Any use of the Virgin name in the course of trade will cause the public to believe that your company is in some way associated with the Virgin companies." Virgin's lawyers wanted the Howards to sign an undertaking that they would not trade under the Virgin name and to hand over all documents bearing the Virgin name.

There was also a demand for £500 compensation for legal costs incurred, but Virgin's lawyers later offered to waive this if the matter could be settled amicably. The Howards could not afford a legal battle but wondered how anyone could possibly confuse a two-tipper operation in Manchester with Branson's multinational empire.

"It was all so petty" says Julia. "They must be sitting around in offices looking for work to do down at Virgin. We felt that we were being bullied by the company despite the fact the letters said we were being asked politely" The Howards thought of changing the name to Vergin and even Richard Branson Transport, but in the end plumped for A&G Transport, which they concede is "a bit boring".

Apart from the dispute, the business is going very well. Most of their work comes from Tarmac and Alfred McAlpine road contracts in the Manchester area. Colin Howard is up at 04:00hrs and loading up a couple of hours later. He might do several runs from local quarries or go off and find other work around the city. Julia, who handles the accounts, reckons on receiving about .£15,000 a week for invoiced work. Costs include a diesel bill of about .C700 a week.

Their main complaint is the level of road tax. They pay £1,787.50 every six months. "It's disgusting the level of tax in this country. It's not even all spent on the roads," she says. Now that they are getting established the bank is more helpful and gone are the days of "fighting tooth and nail for an overdraft".

The Howards are already looking for another truck. There is still plenty of road building going on in the Manchester area and although rates haven't increased significantly over the past few years, the couple have an air of optimism.

And where is the next driver coining from? "I would love to take my test," says Julia. "When I win the lottery I'll pay back my mother and buy myself a semiautomatic and start tipping myself—oh and a new truck for Cohn," she adds.

II by Miles Brignall


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