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Truck bought through a friend leaves operator unable to prove ownership
Page 39
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A DONCASTER SCAFFOLDER with a history of unauthorised vehicle use has lost his hid for the return of an impounded vehicle because he was unable to prove ownership. Richard Dunn could only produce the registration document and an insurance certificate.
The vehicle had been bought for him by Paul Harris. a friend who worked fora Mercedes agent and was able to pass on a discount which had saved Dunn f..2500. North-Eastern Traffic Commissioner Tom Macartney said he could only return the truck to its owner,and he needed formal proof of ownership.
Traffic examiner Stephen Foster said the vehicle, laden with scaffolding, had been impounded on 13 September. No 0-licence disc was displayed and it did not have a current test certificate.The driver was Paul Harris, who said he was employed part-time by Dunn.
Harris was later told by Dunn that he had applied for an 0-licence after being prosecuted for unauthorised use. However. the North-Eastern Traffic Area Office could not trace the application.
Dunn had two convictions for unauthorised use dating from March 2005 and July 2006.
Dunn said he was a self-employed scaffolder who would lose his business, built up over three and a half years, if he did not get his vehicle back. He said he had sent the application in late March. had no response and was later told it had not been received.
TheTC said the vehicle was in commercial use when stopped and Dunn knew the need for an 0-licence.
Summary
NO MITIGATION ALLOWED
The TC made it plain that he could not take into account mitigating factors such as the f inancial effect on the operator. his family or his employees.