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I CASE TWO
Page 23
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No evidence of sham arrangement found
DESPITE deciding that Greenford. Ealing-based Pinkleaf was not a sham to enable continued operation after three other licences had been revoked, South-Eastern & Metropolitan Deputy Traffic Commissioner Chris Heaps suspended two of its vehicles for two weeks because of maintenance problems.
The company, with a licence for 20 vehicles, had been called before the DTC because of concerns over possible links with Iver Recycling (UK), Harjit Talchar, and Charanjit Banana, whose licences had been revoked.
Traffic examiner Caroline Jenkins said most of the vehicles on the licence had previously been specified on the three revoked licences. Three vehicles were under hire-purchase agreements with Iver, and director William Cleveland was a former Iver employee.
The DTC was told that eight prohibitions had been issued relating to five immediate defects and four delayed items, one of which was 5-marked, indicating a serious lapse in maintenance.
Cleveland said he had worked for Iver for about four years as manager of its waste transfer site. After Iver had its licence revoked, its owner, Mr Bambra, mentioned that he wished to sell the business, and introduced Cleveland to his co-director, Jaswinder Matharu. Neither Cleveland nor Mathani would have contemplated becoming involved had they known of the problems resulting from Iver's regulatory history.
The prohibitionswere mainly the result of failings by drivers. A copy of an agreement for the purchase of the assets of Iver, including the vehicles, was produced.
The DTC said he could find no evidence of a "sham" arrangement — Cleveland's previous employment had been explained, as had the use of the vehicles formerly operated by Iver.
He curtailed the licence by two vehicles for two weeks to enable the company to persuade its drivers of the need for greater care and vigilance.