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Three directors conspired to obtain psv licence
Page 27
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• Immediately after an application for a psv licence to cover several vehicles had been refused by the West Midland Traffic Commissioners on April 15 of this year, three of the four directors of the then recently formed company of A. E. Lawrence Coaches (Nuneaton) Ltd conspired to obtain a licence by illegal means.
This was stated by Mr Peter Wiseman, prosecuting on behalf of the West Midland Traffic Commissioners at the Birmingham magistrates' court last week, when the three directors, Mr Aubrey E. Lawrence, of Nuneaton, Mr William H. Betterley, of Coventry and Mr Thomas A. Gillespie, also of Coventry, pleaded guilty to making a false statement in order to obtain a psv licence. Mr Betterley and Mr Gillespie also pleaded guilty to aiding and abetting Mr Lawrence.
Mr Wiseman said that earlier this year Mr Lawrence, a coach operator in his own right, had run into serious financial difficulties and as a result of this had contacted a Mr Cooper, who was described as "a financial expert". Mr Cooper introduced Mr Lawrence to Mr Betterley, and it was decided that Mr Betterley should loan Mr Lawrence a sum of money and a limited company be formed. On March 2, A. E. Lawrence Coaches (Nuneaton) Ltd was formed with Mr Lawrence, Mr Betterley, Mr Cooper and Mr Gillespie, who had also been experiencing financial difficulties. Like Mr Lawrence, Mr Gillespie, who had been operating coaches but had been refused his psv licence renewal application on the grounds of inadequate maintenance and garaging facilities, turned his vehicles over to the company as assets.
Once the company was formed it was decided to make an application for a psv licence and on April 15 the three directors appeared before the West Midland Traffic Commissioners, in Birmingham, and were refused their application. It was indicated at this hearing that if Mr Lawrence was to make an application by himself the Commissioners would grant it.
After leaving the hearing the three directors decided that Mr Gillespie should sell Mr Lawrence three of the coaches which he had turned over to the company. Mr Lawrence gave Mr Gillespie two cheques totalling £6000 and Mr Gillespie in return paid into the account of Mr Lawrence a cheque also to the value of £6000. A bill of sale was made out and a new application made in the name of Mr Lawrence and this was granted.
Sometime later after a dispute between the partners, Mr Lawrence notified the authorities of the fraud and the matter was investigated.
In his submission to the chairman of the court, Mr R. J. Price, Mr Wiseman said that the Traffic Commissioners were a body set up by the Government to protect members of the public and other road users from unsatisfactory coach operators. He added that as the coaches belonged to the company and not to Mr Gillespie it was a serious offence to make this kind of false statement.
For the defendants, Mr Sharpe said there were mitigating circumstances in that the company had coaches but were unable to operate them, and as it had taken a long time for the application to come before the Commissioners had lost a sum of money.
After hearing the evidence the chairman of the court said it was a most serious offence and that all three directors could be sentenced to a term of imprisonment. He fined Mr Lawrence £50 for making a false statement and ordered him to pay a £10 advocate's fee and fined Mr Gillespie and Mr Betterley £25 each for making a false statement, £25 each for aiding and abetting and ordered them each to pay £10 advocates' fees.