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0-licence bid denied over 'front suspicions

29th October 2009
Page 22
Page 22, 29th October 2009 — 0-licence bid denied over 'front suspicions
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Which of the following most accurately describes the problem?

TC revokes 0-licence and throws out two bids after bankrupt haulier is linked to three operations.

ONE COMPANY'S 0-licence has been revoked and applications from two associates have been refused at a public inquiry, after the Traffic Commissioner (TC) heard the controlling force was an undischarged bankrupt.

Scottish TC Joan Aitken revoked the 0-licence held by Cumbria Property Developments, which was trading as GB Aggregates and Tipper Hire, and refused bids for 0-licences by linked Trench Link Civil Engineering and Kilsyth Tippers & Stone Recycling.

Cumbria Property and Trench Link were first called to a public inquiry in January 2009. Director Fiona Donaldson appeared for Cumbria, and Patricia Martin appeared for Trench Link, with undischarged bankrupt Daniel Martin appearing for his son, Kenneth Martin, a director at Cumbria.

That hearing was adjourned to allow Kenneth Martin, who was then serving in Iraq, to attend. For the three firms, Gary Hodgson said that Patricia Martin had been appointed as director of Kilsyth, and that the company was now called Spinks Waste Management. She was also a director of Trench Link. Daniel Martin was the husband of Patricia Martin and the father of Kenneth.

Kenneth Martin said be was in the RAF and was based at Lossiemouth. After his father's business failed, they supported each other because they were a close family.

Before enlisting in the RAF, he worked as a tipper driver for Cumbria. Rona Donaldson managed the business and he was now home every other weekend and would check the books and maintenance with her.

Although his father was bankrupt. he won business because that was his field of expertise. He knew his father could not get an 0-licence.

Patricia Martin said that Kilsyth was wholly owned by Homecoming Holdings, which was part-owned by Equitate (40%), Archie McGrath (10%) and 50% by herself. She was a director of 'French Link. and her sisterin-law, Elizabeth Anderson, was the transport manager. There was a link between Trench Link and Cumbria because all involved were part of the family. The director of Homecoming was Nadeep Basi. He had a number of businesses in which he invested. Daniel Martin was an employee of Trench Link as business development manager. He could do that as a bankrupt and generate money for the family pot.

The TC said the theme in all three cases was the Martin family and its survival after Daniel Martin went bankrupt. She was in no doubt Daniel Martin was the controlling force in Cumbria, and that, for all practical purposes, he was operating Kilsyth, and he was at the back of Trench Link.


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