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False applicants lose appeal for licence

1st February 2001
Page 19
Page 19, 1st February 2001 — False applicants lose appeal for licence
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GIThe Transport Tribunal has overruled an appeal from a company which lost its Operator's Licence after making false statements on application.

South Eastern 84 Metropolitan Traffic Commissioner Christopher Heaps had revoked the licence held by Ashfordbased Hi Kube Transport on the grounds that "the company either deliberately or recklessly caused a false application to be made and as such fails to meet the requirements of fitness to hold a licence".

In April 1997 Nigel Gillman, trading as European 84 Balkan Transport Services, had his licence revoked by the then Commissioner Brigadier Michael Turner.

He was also disqualified from holding an 0-licence for two years because of drivers' hours and tachograph breaches.

Hi Kube subsequently applied for a licence for six vehicles and six trailers. Initially Gillman was the sole director but he was later replaced by his wife Sally and Nicholas Thuriby.

The application was refused on the grounds that it was a "front" for Gillman. Turner indicated he would consider a further application if more "clear blue water" was put between the company and Gillman.

In March 2000 the company submitted a further application which was granted in May. However, the question on whether the company had ever had a licence refused or revoked had been answered -no" on the application form. For the company, Jim Duckworth

said a secretary had filled in the form in error and that alone did not warrant revocation of the licence.

Dismissing the appeal, the Tribunal said that the failure by the company secretary to complete or at least check the form "was in our view reckless and goes beyond mere inadvertence".


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