Dutch registered truck was still liable for UK road tax
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A Carlisle company which had flagged out its vehicles to Holland has been ordered to pay fines, costs and back duty totalling £8,170.84.
Geoffrey Bell (Carlisle) was found guilty of using a Dutch-registered vehicle without a British vehicle excise licence and of failing to produce tachograph records when it appeared before Leigh magistrates in Lancashire.
Managing director Geoffrey Bell was found guilty of failing to produce tachograph records and of aiding and abetting the Company to use an untaxed vehicle.
Evidence was given that last August the vehicle, which was not displaying an excise licence, had been stopped by PC Grahame Robinson of Greater Manchester Police. It was displaying a ministry plate bearing a British registration number, and was en route to Travis Perkins at Leigh from Yorkshire Building Supplies at Doncaster. When interviewed, Bell said the vehicle was owned by Geoffrey Bell Transport BV and was operating under cabotage. However, the invoice for the work was generated under Geoffrey Bell (Carlisle). It gave a UK address and contact numbers and indi cated that the company was VAT-registered in the UK and that goods were carried subject to the RHA's conditions of carriage.
When asked to produce tachograph records, Bell said that to meet Dutch requirements they were kept at the regi tered office in Holland ( CM5-11 July).
Defending, John Heaton argued that tt prosecution had failed to prove beyor doubt that the English company was tt "user" in this case.
They have not by a mile achievE that," said Heaton, adding that the regi tered keeper of the vehicle was Geoffrt Bell. However, it did not follow that tt English company was the "user" of tt vehicle. There was no evidence before tt magistrates about the identity of the di ver's employer.
Heaton said: "Mr Bell had bet involved in an exercise of trying to keE his head above water and continue trai ing. To set up in Holland had cost mai. thousands of pounds."
However, the magistrates found that tt English company was the user of tt vehicle; the company is considering E appeal against their decision.