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IC criticises messy acquisition

5th October 2000, Page 21
5th October 2000
Page 21
Page 21, 5th October 2000 — IC criticises messy acquisition
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Maintenance problems, and a failure to inform the Traffic Commissioner that a company had changed hands, have resulted in the licence held by Westline UK Transport being cut from five vehicles to four.

The company, with offices in Preston and an operating centre in Liverpool, appeared before North Western Traffic Commissioner Beverley Bell at a Leeds disciplinary inquiry.

James Backhouse, appearing for the company, said it had been acquired by David Hesketh at the beginning of the year.

The IC replied that when she had walked into the public inquiry she had been under the impression that the company was being run by completely different people as the proper authorities had net been notified of the change in directorship and company secretary. She pointed out that financial information produced was in the name of Auto Valve, another company owned by Hesketh.

Hesketh said that a bank account had just been opened in Westline's name as it had taken time to get the documentation through Companies House. He agreed that the drivers were being paid by Auto Valve, which invoiced for the work. He agreed that Auto Valve did not hold an 0-licence. He was unsure whether the registered keeper of the vehicles was Auto Valve or himself and he admitted acquiring Westline because It had an 0-licence.

"I agree that It's all very messy and needs to be sorted out," Hesketh concluded.

Backhouse said that Hesketh would undertake that the drivers would be employed by Westline. He maintained that there was no question of unauthorised use as the drivers were controlled by Hesketh, who ran both companies—Hesketh had complied with the spirit if not the letter of the legislation.

"There is nothing illegal in the set up at the moment; it is just a mess," he said.

A vehicle examiner gave evidence that three delayed prohibitions had been issued since February; that drivers were repo ing defects verbally; and that van' repairers had been used rather than contracted company.

The IC said that vehicles had not alw been kept fit and serviceable, but t paled into Insignificance compared with breach of the undertaking to inform hei any changes affecting the licence.

Within 28 days she expected to see Is statements for Auto Valve; the opening b: statement of Westline; draft accounts both companies; copies of the docume sent to Companies House notifying change of directorship and company sec tary; copies of the vehicle registration d uments; the names of the drivers emplo by Westlino; and confirmation that West was paying their wages.

She also ordered Westline's Is statements for September, Octal November and December to be sent to Traffic Area Office, followed by audi accounts for both companies by the eni February 2001.


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