LA rejects RHA pleas
Page 17
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• Despite opposition from the Road Haulage Association on grounds of repute and finance, father and son, Thomas and Allan Dale, trading as Hambleton Transport, have gained a new international licence for two years.
The partners sought a licence for two vehicles and two trailers, based at Dalton, near Thirsk.
The Bilks North Eastern District Manager Geoff Dunning said the association objected to the application because Thomas Dale had run a company, Allan Dale (Haulage), which collapsed.
Transport and logistics consultant Brian Fish said Allan Dale (Haulage) only filed three years' accounts in December 1990 after being threatened with being struck off. In 1988, current liabilities exceeded current assets by £130,629. The following year there was a £69,444 loss. In 1990, there was some acquisition of fixed assets and a pre-tax profit of £32,486 reduced the deficit to £49,469. He was very concerned to see unfiled accounts going back such a considerable time. Audited accounts were virtually worthless when late. Fish said that he had no financial information concerning Ilunbleton Transport. He was aware of two unsatisfied county court judgements going back to 1993 which gave cause for serious alarm, Dunning said the application gave Thomas Dale as transport manager. However, in a state ment to the Darlington County Court in January, Thomas Dale said he had retired from business and that he had never been active in Hambleton Transport. There was a change of legal entity in August 1992. An interim licence was not issued until December, so the firm had been run
ning without proper authorisation until then.
Thomas Dale said that Allan Dale (Haulage) closed down on the advice of its accountants after the sudden collapse of its main customer, York Trailers. Almost all the company's creditors had been paid, and there was not a lot still outstanding.
Since the formation of the partnership, the Traffic Area Office had been kept informed of the position. He believed the company had authority to operate. The Traffic Area had told them to carry on and had issued replacement discs.
He held an international CPC and his son held a national CPC. Though he was retired, his son relied upon him for advice. He was prepared to accept the responsibilities of a CPC holder.
Allan Dale said that the company has substantial bank support and the situation was reviewed every six months. The secured overdraft was being regularly reduced and would be reduced further when it sold some property
He had never been a director of the limited company.
In reply to Dunning, he said he was unaware that he ought to have declared a conviction for using a trailer without an under. run sidebar.
For the firm, Jonathan Lawton pointed out that Allan Dale (Haulage) had traded successfully for a considerable number of years without any problems.
North Eastern LA Keith Waterworth said he felt there was insufficient evidence to justify a finding of lack of repute or unfitness to hold a licence. He was satisfied the partners had sufficient capital and resources. Nevertheless, the past performance of Mr Dale Senior gave him some cause for concern.
Because of those reservations, he was granting a short-term licence subject to the submission of audited accounts by the end of September for the period ending January 1994, with a statement of the overdraft account at that time. He would also accept the current CPC situation until then. But by the end of September, either Allan Dale must have obtained his own international CPC or the firm must have employed someone who held one.