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CASE TWO
Page 27
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Company fails to have vehicle returned
BILSTON-BASED Ebos Access lost its bid for the return of an impounded vehicle after failing to face a public inquiry in Birmingham.
The company had sought the return of the vehicle before West Midland Deputy Traffic Commissioner Miles Dorrington, on the grounds that it was unaware that it was being operated without licence authority, Traffic examiner David Williams said that Ebos Access was formerly known as Wolverhampton Scaffold Services, the sole director being Nicholas Evans. That company went into voluntary liquidation in June 2007. In January 2008 an application for an 0-licence was submitted in the name of Nicholas Evans, trading as Ebos Access Ltd. That application was refused with no interim licence being granted.
In March 2008 a letter was sent to Ebos Access saying that if no application for an 0-licence was received within 14 days, further action would be taken including the possible impounding of vehicles operating illegally. On 24 July the vehicle concerned was stopped at Telford while loaded with scaffolding.
The driver said that he was employed by Ebos Access, which was the operator, and the vehicle was impounded. He spoke to Evans over the telephone who claimed that there was an application pending. Enquiries revealed no trace of such an application.
The DTC said that his information was that Evans, who was the managing director, had chosen not to attend due to staffing problems within the business. In the application, Evans had stated that the original 0-licence application had been lost either in the post or at the Traffic Area Office before being resubmitted and he had thought that an interim disc was being issued.
In reply to the DTC, Williams said that Evans had thought that as soon as a licence application was submitted he could operate. The DTC was satisfied that the company knew what it was doing was wrong.