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No return of confiscated vehicles in no-show appeals
Page 37
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THE TRANSPORT Tribunal has dismissed appeals by two men against refusals to return impounded vehicles Neither operator turned up to argue their case.
In the first case, a vehicle had been impounded in January because it had continued to he used by Andrew Hughes of Exeter after his licence had been revoked by Western Traffic Commissioner Philip Brown. Hughes had admitted that he knew his licence had been revoked and the TC refused to return the vehicle. Dismissing Hughes' appeal,the Tribunal said there were no viable grounds for appeal and there was no error in t he TC's determination.
In the second case a loaded vehicle belonging to Sean Warren, which was being used without licence authority, was impounded at Hastings in February.
Refusing to return the vehicle, South Eastern & Metropolitan Traffic Commissioner Christopher Heaps took account of the facts that when interviewed by a traffic examiner Warren had acknowledged that he did not have an 0-licence; that he was using the vehicle in connection with his business; and that he had been doing so since previously interviewed and cautioned by a traffic examiner.
Dismissing his appeal,theTribunal said it could not identify any error in the TC's determination. Warren had admitted that he did not hold an 0-licence at the time of the vehicle's detention and had subsequently requested that it be returned for sale and replacement by a smaller vehicle requiring no 0-licence.