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Finance house loses impounded vehicle for failing to check if hirer had a licence
Page 34
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FINANCE HOUSE PCF EL has lost its appeal against the refusal of South-Eastern & Metropolitan Traffic Commissioner Christopher Heaps to return an impounded vehicle. The vehicle had been impounded in June 2006 at Ealing Common while loaded with ornamental stoneThe driver had said he was employed by Matthew Cole, of Bedford, who did not hold an 0-licence. An application by Cole for the return of the vehicle was refused.
PCF EL subsequently sought the return of the vehicle but failed to attend a public inquiry before the TC.
Declining to return the vehicle, the TC concluded from the hire form that PCF EL knew that the vehicle could not be operated legally without a licence, and that Cole would be likely to use it in connection with his business. In this form Cole had disclosed his business was farming but had not completed the section on 0-licensing.
John Gunstone,PCF EL's awl. and litigation manager, told theTransport Tribunal that the failure to get Cole to complete the 0-licence section of the hire agreement had been due to the inexperience of a new team.
Dismissing the appeal, theTribunal said it was clear that an 0-licence was required.
This case could be distinguished from earlier cases in which it was emphasised that a "high degree of fault", going beyond negligence,was required because the firm's form had a specific box to be completed to show that the hirer had an 0-licence.