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Respondent no longer cares
Page 36
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THE WITHDRAWAL of active competition between an East Anglian furniture remover and the Ipswich branch of Pickfords since the refusal of the Eastern traffic area LA to grant the latter an additional articulated outfit altered the circumstances of the refusal, said Mr. G. D. Squibb, QC, president of the Transport Tribunal, on Wednesday.
Representing the THC (Pickfords Ltd.), Mr. Richard Yorke told the Tribunal that the respondents, Boardmans (Stratford) Ltd., J. M. Taylor Ltd., L. W. Poulcling and J. A. Wyard Ltd., had not entered an appearance.
It was known that Boardmans had obtained a variation to put its B-licensed vehicle on A licence with normal user: "furniture removals mainly for US Air Force". It was no longer in conflict with Pickfords nor interested in the outcome of the appeal.
At the original hearing Mr. R. W. Steed, branch manager of Pickfords, gave evidence of greatly increased business, heavy utilization of his three available vehicles and considerable hirings either from other Pickfords branches or from outside contractors.
Nevertheless, the LA had considered that need had been insufficiently proved.
Mr. Yorke submitted that the LA had failed to give sufficient regard to the greatly increased Pickfords business, including a new packaging development, the intensitivity of vehicle employment and the costly extent of hiring. The LA had said that there might be evidence of need at some time in the future. But for Pickfords the need was immediate.
The Tribunal president said that the withdrawal of Boardmans from active competition with Pickfords made the current position quite different from that obtaining at the date of the inquiry. The case would be remitted to the LA for further consideration when the appellant would have the opportunity of producing up-to-date figures to substantiate its case.