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Tribunal not satisfied about owner of impounded tipper
Page 34
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ANYONE SEEKING the return of an impounded vehicle must satisfy the Traffic Commissioner thaton the balance of probabilities, they own it.
This was made plain by the Transport Tribunal when it dismissed an appeal by Robert Evans against the refusal of Western Traffic Commissioner Philip Brown to return an impounded vehicle to him.
In March a vehicle in the livery of Capital Skips was seen leaving the Theale premises of Reading Skips. It was displaying an 0-licence disc in the name of Reading Skips and the driver said he was employed by that company and took his instructions from director Gary Spencer. However, Reading Skips licence had been revoked and a new licence applied for in the name of Abbey Reading Skips, with Hugh O'Donnell named as director.
A traffic examiner was told by •Spencer that Reading Skips was now owned by John Kelly of AA Transport and the vehicle was being operated under his licence when it was impounded. Later, the traffic examiner received a call from a man who said he was John Kelly, confirming what Spencer had told him.The man had an English accent and was not the John Kelly the traffic examiner had spoken to in November, who had a strong Irish accent. The traffic examiner was aware that John Kelly was an alias used by Hugh O'Donnell.
The Tribunal said there was no documentation to show that Evans owned the vehicle or that he had hired it out to Reading Skips.