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Failure to provide financial evidence sinks horse carrier
Page 34
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AN INTERNATIONAL horse carrier failed to win its appeal against revocation on financial grounds when the Transport Tribunal upheld the ruling by Eastern Traffic Commissioner Tom Macartney.
Hemel Hempstead, Herts-based Express Equine Europe held an international licence authorising the operation of two vehicles and one trailer, which was granted in June 2006, Director Charles Cunningham gave an undertaking that six months after the grant of the licence he would provide three months of bank statements to demonstrate that the company continued to be of appropriate financial standing.
In December 2006 and January and February of this year, the Traffic Area Office (TAO) wrote to the company requesting financial evidence showing that £9,600 was readily available to the company. No response was received until the end of February when Cunningham telephoned to say he had been unwell forsome time and had been living in Ireland. He added that he would supply financial information in the next two to three weeks. His business administration had been entrusted to a member of staff who had taken a holiday in Australia and had not returned.
On 15 March the TAO sent a letter by first-class post and recorded delivery to the firm's operating centre address, its correspondence address and Cunningham's home address in Ireland,saying theTC was considering taking action against the licence because the undertaking to provide further financial evidence had not been complied with. No response was received and the licence was revoked. In May Cunningham attended the TAO with an accounts record.
Before the Tribunal, Cunningham said he could not say the TC's decision was wrong but he had been advised to appeal by the TAO.
The Tribunal said it was satisfied there was no merit in the appeal. It noted that the accounts record showed sufficient finance as at 30 April but it did not show an average of £9,600 over the three-month period as required.