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Change of User Alleged, But Appeal Upheld

22nd March 1957, Page 34
22nd March 1957
Page 34
Page 34, 22nd March 1957 — Change of User Alleged, But Appeal Upheld
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Keywords : Business / Finance

-/-1 A N appeal by H. Bedborough (Trans

port), Ltd., Twickenham, Middx. against the Metropolitan Licensine Authority's refusal to grant an A licence for three vehicles, was allowed by the Transport Tribunal, in London last week.

For the appellants. Mr. C. R. Beddington said the application arose out of the formation of the company who, it was proposed, would take over the business formerly carried on by Mr. Bed boro ugh.

Mr. Bed borough had an A licence for the carriage of general goods, mainly furniture removals, in London and the suburbs, with occasional longer journeys. In the autumn of 1955 he fell ill and his wife attempted to run the business. She gave it up in March, 1956, and Mr. Joseph Wright, managing director of J. Wright Hire Co., Ltd., began operating the vehicles early in May.

In evidence to the Licensing Authority. Mr. Wright said he needed the vehicles, which his company had been hiring, for his own business. He made no secret of his intention to acquire control of H. Bedborough (Transport), Ltd.

Mr. J. Amnhlett, for the respondents. the British Transport Commission, contended that after the 'vehicles went on the road under Mr; -Wright's management, the character of the business changed. Household furniture removals became an infinitesimal part of the business, the vehicles being used predominantly on long-distance. journeys.

In his submission, there was a complete. plete. change of user, district and customer, which was wrong: The B.T.C. thought . that it would be dangerous' if hauliers could acquire additional vehicles by persuading smaller operators to become limited companies and then buying the shares.

Announcing decision, the president, Mr. Hubert Hull, said the Tribunal differed from the Authority in that they felt there was evidence in . prove a prima facie case for the use of the vehicles, and that there was customerevidence from Mr. Wright.

T.R.T.R. REFUSED NEW SERVICE ON APPEAL

AN appeal by the Tees-side Railless Traction Board against the Northern Traffic Commissioners' refusal to grant them a licence for a new stage service between Stockton and Saltburn has been rejected by the Minister of Transport.

The case for a through service between the two towns was not, in the ,Minister's view, made out. He agreed with the Commissioners that some improvements of facilities between certain places on the route were desirable, and commented that that aspect of the matter would no doubt be pursued by "interested operators."

Costs were awarded against the Board.


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