'Due diligence' queried
Page 26
If you've noticed an error in this article please click here to report it so we can fix it.
• Mrs. A. Coulton, trading as J. Coulton, of Leyland, was fined £25 at Leyland magistrates court on Wednesday, for permitting drivers to exceed their driving hours and in one case allowing them to forge their records.
Counsel for the MoT, Mr. D. Fazackerley, said that the proceedings followed the conviction of two of the firm's drivers on June 11 1969, for hours and records offences. The drivers, Mr. H. Allanson and Mr. B. Shuttleworth, had been fined £23_ and £25 respectively. Both men admitted having forged records in order to cover up an hours offence.
Mr. Allanson said that he had left Leyland about midnight on December 18 1968 and driven to West Hartlepool. He had picked up a load after 3 hours rest and driven to Preston to catch the boat waiting for him. Another load had been connected and he had driven back to Leyland. Mr. Shuttleworth said that he had made out a record sheet which showed him, and not Allanson. as being the driver from West Hartlepool to Preston and then back to Leyland.
Mr. J. S. Lawton, for Mrs. Coulton, pointed out to Mr. Allanson that he could have left Leyland early on the afternoon of the 18th and so completed the journey legally. • A Section 178 inquiry at Barnstaple, Devon, was adjourned on Wednesday so that a former farmer could drive 100 miles and collect documents to prove he had bought a haulage business. The original complaint was made against F. Pugsley and Son Ltd., of Wheddon Cross. But on Wednesday it was the new joint owner, Mr. John Babbage, who faced the LA, Mr. J. R. C. Samuel-Gibbon, who was told by three of his vehicles examiners that over five years they had inspected Pugsley's lorries several times and eight prohibitions had been issued since 1965.
The LA, however, then heard that the business was sold 10 days after the company was told of the hearing. Notice of the inquiry was issued on June 13 and Mr. Babbage and his father acquired the business on June 23.
Mr. Babbage said he was unsure of the exact cost and although he and his father had equal shares he did not know how many shares they each had.
"I find this all highly artificial", said the LA "and it does not seem to me to be a very convincing story. I must admit that I am beginning to wonder whether you have bought this company."
Mr. Babbage assured him that everything had been legally signed but he had no documents with him. At the LA's suggestion he elected to collect the necessary certificates from his accountant at Minehead. He returned after 3; hours and the hearing continued when he assured the LA that the vehicles would be better looked after in the future—and this assurance was accepted.
At the end of the case Mr. Babbage had one lorry removed from his A licence.