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Tribunal Hear "Mitigation" Plea

25th July 1958, Page 40
25th July 1958
Page 40
Page 40, 25th July 1958 — Tribunal Hear "Mitigation" Plea
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Which of the following most accurately describes the problem?

A HAULAGE company which delayed

telliBg the West Midland Licensing Authority that the base and normal user of three A-licence vehicles had been changed, appealed to the Transport Tribunal. on Monday. against the Authority's decision not to renew the licence with modifications. The company, Clarke and Co. (Sutton Coldfield), Ltd., had sought a renewal for the carriage of electric motor and machine parts, metal goods and paper, mainly to United Kingdom ports.

Mr. J. R. C. Samuel-Gibbon, for the company, claimed that, but for the history of the matter, it would have been a clear case for a grant, and much of what he had to say would be a " plea of mitigation."

He explained that the application arose from the company's take-over of three A-licence tippers operated by another haulier, The declared normal user included bricks and coal within 30 miles of the base, Henley in Arden. However, the lorries were in poor shape and traffic for them was falling off, so it was decided to change the base to Sutton Coldfield and replace the vehicles.

Through a misapprehension, Mr. Clarke delayed notifying the Authority of the change of base and user, but no mischief had resulted from this mistake, and no competitor had lost any traffic through the change of base. .

Mr. Samuel-Gibbon went on to contend that it was not necessary for an applicant to specify the class of goods to be carried. All that was required for an A licence was a description of the vehicle applied for, together with the normal operating area.

B.T.C. Not Called Respondents to the appeal were the British Transport Commission, but Mr. Hubert Hull, president, said the Tribunal would not wish to hear them.

The appeal was dismissed in a reserved decision on Tuesday. Giving the decision, Mr. Hull said the appeal must fail and Clarke's must be left to apply for new licences. This meant that they would be deprived of the three vehicles which they had been using so profitably in the past.

The order would lie on the table for a fortnight before coming into effect.


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