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Phoenix firms on the rise' as TCs continue to clamp down
Page 8
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roger.hrowntarbi.co.uk TRAFFIC COMMISSIONERS say they are continuing to crack down on collapsed hauliers who attempt to continue their businesses by setting up so-called 'phoenix' firms.
Sarah Bell (pictured), Western Area IC, has told CM that the number of firms appearing at public inquiries looking to re-establish themselves under another name could still be on the rise.
Bell outlined her concerns in the 2008/09 TCs' annual report, published last September. about instances where the assets of one haulage company are moved to another legal entity, where some or all of the directors remain the same and a similar name is adopted. She says: It is a fine balance; these are difficult economic times and a haulier can have a customer go under for legitimate reasons "We have to balance the reckless with the not so lucky, but we will always look at the director's past record."
Senior TC Philip Brown, speaking on behalf of all the Traffic Commissioners. says any would-be operator should remember that they can be "called to account" if there is evidence that a phoenix operation is placed before a public inquiry.
He adds: "Every licence application has to be considered on its own merits. "Good, compliant operators rightly expect TCs to fully investigate applications to ensure that revoked operators don't try and hide behind friends and family or in the background of new business organisations and obtain contracts through the device of using a new entity."
Meanwhile, the Forum of Private Business has demanded that the current Office of Fair Trading investigation into corporate insolvencies should address the issue of starting up phoenix companies
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