Haulier given leeway after postal mix-up
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A Manchester operator has been given time to apply for a new O-licence after the old one is revoked
By Roger Brown
A MANCHESTER haulier, which had its O-licence revoked after it failed to receive and acknowledge letters sent by the TC, has been given time to apply for a new one.
In a written decision, upper tribunal Judge Hugh Carlisle upheld the October decision of Beverley Bell, trafic commissioner (TC) for the North Western Trafic Area, to revoke the licence of David Edward Beales, trading as Multi-Mix.
However, Judge Carlisle said that a stay of the order of revocation made by Bell last November would remain in place until April 18, giving Beales time to apply for a new O-licence.
Beales has held a restricted licence authorising one vehicle, since 1998.
In early 2011 he was sent a cheque refunding part of his licence fees, but the letter and cheque were not delivered and it was returned to the TC’s ofice.
The TC wrote to Beales in March 2011, asking him to give his correct address, and whether he still required an O-licence.
No reply to this letter was received.
In July 2011, the TC sent Beales another letter indicating that she proposed to revoke the licence.
There was still no response, so in October 2011 the TC notiied him that she was revoking his licence with immediate effect.
However, in November 2011, Beales phoned the TC’s ofice to say he had been having problems with his mail and that he had recently found the July letter “half-way down the road” .
His operating centre was at the back of a yard in Trafford Park from which a bigger business – JJ Logistics – had moved out during the 2010 Christmas period.
The postman had then thought that the yard was empty and had given up delivering mail to Beales.
From time to time, mail had been put into a shared post ofice box at the front of the yard but this had been vandalised.
After listening to the explanation from Beales, the TC ordered a stay of the revocation order, to remain in place during the appeal process.
At the appeal, Beales admitted to Judge Carlisle that he had “not been very clever” about making arrangements to receive his post.
The signiicance of the departure of JJ Logistics on his postal arrangements had not immediately dawned on him.
Beales said he had been in business for 17 years with a good record, and was dependant upon his licence for his livelihood.
He had also been working very hard and had been concentrating on this and the needs of his young family.
Judge Carlisle ordered that the O-licence be revoked from 18 April, but with Beales given the opportunity to make a fresh licence application before then and for the TC to consider granting him an interim licence.
He added: “Although we do not think that the appellant is above criticism, we have to say that overall he made a favourable impression on us.
“We explained that we could not ind that the TC was wrong in making her order as all the evidence before her was one way.”
Sympathetic TCs
In this case a postal mix-up had taken place. The TC and appeal judge looked sympathetically on a well-presented case, and gave the operator time to submit a new O-licence application.