Tribunal Say Evidence Was Not Untrue
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THE Transport Tribunal did not take the view that evidence given before the Licensing Authority by the managing director of Edwards Transport (Fromel. Ltd., was untrue or that the figures produced were completely unreliable. But they thought the Licensing Authority's grant of 10 vehicles was excessive and the number would be reduced to eight. The President, Sir Hubert Hull, said this when giving judgment at the end of the second day's hearing of the appeal in London on Monday. The first day's hearing was reported in The Commercial Motor last week.
Reasonable Explanation
Mr. W. M. Huntley, for the respondents, said there was a reasonable explanation of many of the irregularities alleged. In 1955 the company had II A-licensed vehicles and in January, 1959. three more were added. After financial difficulties arose there was an investigation by the Licensing Authority's enforcement officers in August and September, 1959, lasting a fortnight, and three vehicles were deleted for non-user.
Discrepancies arose because Mr. Edwards was buying old vehicles as cheaply as possible.
Vehicles were always breaking down and during a period of 12 months, when eight to nine vehicles were licensed, 23 were in use at various times under temporary substitution.
There could not have been falsification of figures without it being apparent to the accountants, and Mr. Edwards' troubles were due to stupidity rather than deliberate flouting of the law.
" A Complete Muddle"
If the respondents wanted to hold their grant the case should be sent back to the licensing Authority and investigated afresh, said Mr. J. R. C. Samuel-Gibbons, for the objectors. Account could then be taken of fresh evidence concerning the uses to which vehicles had been put. The whole case was a complete muddle and the objectors believed that evidence must have been given before the Licensing Authority which was untrue. Edwards Transport could not found a case for any licence on the documents produced.
Sir Hubert said the real question was quantum. If vehicles were taxed and on Edwards Transport's carriers' licence it was fair to assume they were being operated. Gross receipts of L30,000 were consistent with the operation of more than four vehicles, but the correct number could only be assessed within very wide limits.
There had been a complete failure tc notify the Licensing Authority about vehicle changes and the accountants' figures were in an undesirable form. saying no more than that the figures were taken from the records.