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Appeal for return of vehicle fails
Page 34
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AN ESSEX SCAEFOLDER, whose 0-licence was revoked in 2000, has failed to win back the return of an impounded vehicle. He had been convicted of unauthorised use just nine days before the truck was impounded.
On 14 September 2005. a vehicle carrying equipment in the livery of James Thorogood Scaffolding was stopped on the Al2 in Essex. Two discs in the windscreen were for different vehicles; one was a tax disc and the other related Loan expired trailer test. On 5 September 2005 'Thorogood had been convicted of using a vehicle without an 0-licence and without an excise licence.
Thorogood applied for the return of the vehicle on the grounds that he did not know of its use as a labourer had taken the wrong vehicle out of the yard. His request was refused by Eastern Traffic Commissioner Geoffrey Simms.
Dismissing the appeal, the Transport Tribunal said a high degree of fault was required before the return of a vehicle was refused. The TC had stated only his conclusions. However, a failure to give reasons for impounding would not in itself be grounds for a different decision.
The Tribunal had no hesitation in saying that Thorogood had not been prejudiced against and that Oil the face of it there was a high degree of fault.