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Denby: VOSA prohibition notice should be removed following incorrect issue
Page 7
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Al COVER STORY
By Chris Tindatt
DENBY TRANSPORT reveals that VOSA has stonewalled its requests to erase the prohibition notice it was issued with after attempting to test its own longer, heavier vehicle (LHV) last year.
Director Dick Denby was prevented from driving his EcoLink by police and VOSA officials as it left the company premises on I December 2009.
Denby claims that a PG9 prohibition notice was issued only after VOSA was instructed to do so by Department for Transport mandarins during a mobile phone conversation.
The notice was withdrawn when Denby reversed the EcoLink back into his yard. but it has yet to he removed from the company's record.
Denby also claims that the prohibition notice was issued under the incorrect section of the Road Vehicles (Construction & Use) Regulations 1986 and, as a result, was issued in error.
But his attempts to have it struck from the company's record have so far been in vain.
Denby says: "We wrote to VOSA on 7 December 2009 to say, since it was imposed under Regulation 7(1). but we were operating under 7(5). we require it to be expunged from our record before we have to inform the Traffic Commissioner. It goes on file to Cambridge. and when it conies to renew your
licence, they look at the track record. If it ain't too good, they can call you in."
A VOSA spokeswoman says it has written to Denby to suggest a meeting to discuss the matter, but that it "will take a very dim view of any further breach", adding: "Mr Denby should be aware that we have already alerted the Traffic Commissioners of the earlier breach, and we will certainly be reporting any further breaches to them."
Denby responds: -We understand that the Crown Prosecution Service believes there has been no offence, and Lincolnshire police are not going to take any further action."