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Unauthorised operation Leads to licence refusal

20th November 2008
Page 24
Page 24, 20th November 2008 — Unauthorised operation Leads to licence refusal
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Keywords : Hext, Business / Finance

DTC rejects new licence bid from firm that ran trucks illegally for nine months

A BUSINESS THAT operated without an 0-licence, despite warnings from the Traffic Area Office, has had its bid for a new licence turned down. Additionally, the licence for a failed associate company has been revoked.

Davies & Hext, which ceased trading in 2007, has had its 0-licence revoked. A bid for a new licence for Penyfan Processing and Recycling, a company formed by the same directors, has been turned down by Welsh Deputy Traffic Commissioner Lester Maddrell because it had operated for nine months without licence authority.

The directors of the two companies were Graham Davies and his son, Carl.

Davies & Hext held a licence for four vehicles, having been cut from five vehicles at a previous public inquiry. and Penyfan was seeking a three-vehicle licence at a Cardiff public inquiry.

Graham Davies said that Penyfan's business was the recycling of materials collected from local councils. Davies & Hext provided transport services to Penyfan, as well as carrying out building works The building side declined because of changing practices in the construction industry and Davies & Hext ceased trading on 27 October 2007.

In June 2007, Penyfan entered into a maintenance contract for two vehicles, which had been operated by Davies & Hext and were specified on that company's licence until August 2008.

Penyfan used the two vehicles without an 0-licence from 27 October 2007 until July 2008. In May 2008, the Traffic Area Office warned the company that it did not have the authority to do so.

The DTC pointed out that that fact was not disclosed to the Traffic Area Office. On Penyfan's application, the 'No' box was ticked to the question asking whether any relevant licence had ever been curtailed.

Davies said that was an error, not an attempt to deceive, and the 2003 cut was not an "effective curtailmentanyway because Davies & Hext had only been running four vehicles.

The DTC said that in the request for an interim licence. Penyfan was referred to as a new company, which it was not, and stated Penyfan was "inheriting the equipment under the control of Davies & Hext." Crucially, it failed to mention that that company had ceased trading almost six months before and had gone into liquidation three months before.

Davies admitted that the vehicles had continued to be used, saying that after the calling-in letter, the two vehicles were hired out by Penyfan to Envirovac 2000 so that it could use them to provide transport for Penyfan.

Revoking the Davies & Hext licence and refusing the Penyfan application, the DTC ruled that the directors were withholding from the Traffic Area Office the fact that Davies & Hext had gone into liquidation.

The DTC found that Penyfan had run vehicles without a licence for nine months, despite being warned three times not to do so.

Tags

Organisations: Traffic Area Office
Locations: Cardiff

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