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TC asked to reconsider vehicle ownership case
Page 38
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THE TRANSPORT Tribunal has asked South Eastern & Metropolitan Traffic Commissioner Christopher Heaps to reconsider his decision to refuse to return an impounded vehicle, while stressing that it does not criticise the TC in any way.The TC had refused to return the vehicle to Henry Stanhope because he was not satisfied he was its owner.
When the vehicle was stopped in a check the driver, Anthony Wright, had said he was employed by Eugene O'Reardon, trading as Wilton Contracts, whose licence had been revoked in 2001.The vehicle was displaying an expired licence disc in the name of Stanhope's son Jamie, trading as Premier Grab Service.
Stanhope applied for the return of the vehicle, saying that it had been stolen and used without his permission. Wright then phoned the senior traffic examiner, saying the vehicle was not stolen, that Stanhope was a "front man" and that the vehicle was owned by O'Reardon. Wright subsequently failed to attend an interview.
Refusing to return the vehicle, the TC said he had seen sonic evidence that Jamie Stanhope might be the owner but no evidence whatsoever to demonstrate that Henry Stanhope was the owner.
Appearing before the Tribunal,Stanhope produced the vehicle's MoT certificate, its plating certificate and an invoice from Wilton Contracts (London) dated 1 May 2002 addressed to H & J Stanhope over the sale of the vehicle for £37,600.
Remitting the case to the TC, the Tribunal said it was satisfied that his decision had been right on the evidence before him. However, Stanhope was an inarticulate man who had had a significant illness which could have compromised his ability to address these issues. The documents he had produced to the Tribunal were relevant to the issues but appeared to throw up more questions than they answered.