Failed company Loses appeal at Tribunal
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THE DISQUALIFICATION of Crook, County Durham-based Jarvill, trading as Coloured Steel Products, and its directors, Michael I lewitt and Joanne Lewis. from holding an 0-licence indefinitely has been upheld by the Transport Tribunal on appeal.
The company's licence was revoked — and the disqualification orders made — after it failed to appear before North-Eastern Traffic Commissioner Tom Macartney in March. It had been called before the TC because of concerns over its vehicle maintenance record.
However, notice was given that the company had gone into administration and that it had ceased trading.
Evidence was given concerning an 'S'-marked prohibition that was imposed in October, and that all five defects had been identified on the previous inspection record in September, with the vehicle having travelled 4,765km between the two dates.
In his decision. the TC said that it was glaringly obvious that this was a really had case of someone who did not know what they were doing. Before the Tribunal, Hewitt said he had written to the Traffic Area with a defence.
He had been advised by his solicitor that he could not attend the public inquiry on behalf of the company because it was in administration.
He accepted that revocation was inevitable. However, he thought that his letter should have been brought to the TC's attention, and that orders for disqualification should not have been made.
The Tribunal said that there was nothing to suggest the TC ever saw the letter, and that it could not fault the TC's decision. being satisfied that he was entitled to reach the conclusions he did.