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Unlicensed vehicle will not be returned
Page 33
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A SURREY operator failed to win the return of an impounded vehicle when a Traffic Commissioner ruled that the unit belonged to his father. Neither man holds an 0-licence. South Eastern and Metropolitan TC Christopher Heaps refused to return the vehicle to Ian Turner, of Woodh am, Surrey, because he was not satisfied that Turner was the owner.
On 14 May a concrete mixer vehicle was seen loading concrete in Croydon and later unloading it in Caterham. The driver said he was working for Turner's father, Edward. whose licence had been revoked in May 2002, and that he was paid in cash. An immediate prohibition was issued to the vehicle for a chafed brake hose.
In a written application for the vehicle's return, Ian Turner said that due to lack of work he had loaned the vehicle to his father on the understanding that he taxed and insured it and that it was only used on site work. The impounding was very upsetting as he still owed money on the vehicle.
The TC said Edward Turner was the registered keeper and there was no evidence that the vehicle had been transferred to his son. On balance he considered that Edward Turner was the owner.
In a statement Edward Turner said his son was operating as Spirunix Hire, and the delivery note and purchase order also referred to Spinmix.
The TC concluded it was clear that Edward Turner and his son worked together and neither held an 0-licence. If Ian Turner was the owner, he considered that he knew that his father was using the vehicle without an 0-licence.