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Fines reduced on appeal

22nd January 1971
Page 30
Page 30, 22nd January 1971 — Fines reduced on appeal
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• Total fines and vehicle excise licence arrears levied against a London haulage company exceeded the firm's net profits for 12 months, East Sussex Quarter Sessions heard on Friday.

London and Continental Trailer Services Ltd, of Leven Road, London E14, was appealing against sentences on 13 convictions for using a motor vehicle without an excise licence.

The magistrates had ordered total fines of £250 on each of seven vehicles involved. The company had been fined £10 for using an eighth vehicle without an excise licence, and £150 for the fraudulent use of a registration mark. The magistrates had also ordered the company to pay taxes amounting to £1309.

The Deputy Recorder, Mr R. E. Seaton, reduced the fines to £68 on each of 11 summonses concerning the seven vehicles. He said although two amounts of back tax were in dispute, the court could not interfere with the arrears, but the reduction in fines would go towards paying them Off.

Mr M. Thorpe, counsel for the appellants, said that fines and back tax in the case had amounted to over 13000. Net profit before tax in the last financial year had been £3045. Mr Thorpe submitted that the scale of the fines imposed by the Lewes magistrates was out of all proportion and excessive. The company had brought it on its own head to a large extent, and had failed to attend an adjourned hearing that had been specially arranged to do it justice. But at the adjourned hearing the magistrates did not have the general standing and financial situation of the company before them. He held the view that the fines imposed were excessive, particularly when such a large amount of back duty was involved. It was unreasonable to impose penalties that exceeded the net profit for a whole year of the company's operation.

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Organisations: UN Court
Locations: London

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