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TC thinks again about impounded trailer
Page 35
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THE OWNER of a trailer impounded by Vosa has a second chance of getting it hack after the Transport Tribunal ordered Western Traffic Commissioner Philip Brown to reconsider his decision .The Tribunal said the TC should not have retained the unit without holding a hearing.
A recovery truck and trailer were impounded by Vosa in Septembe r.The -recovery truck bore the livery of Dolphin Motors, whose owner, John WaddingtonSmith, had had his 0-licence revoked. The trailer was carrying two imported Toyotas which were not registered or taxed in the UK. Vosa considered the journey to be general haulage rather than recovery as had been claimed by Dolphin.
John Harrison, trading as .1 Harrison Car Sales, sought the return of the trailer, saying he had lent it to Waddington-Smith who had two broken-down vehicles to recover.
A police statement confirmed that the vehicles could not he driven and had to be recovered.
Without holding a hearing, the TC had concluded that the trailer in this case was being used without licence authority.
Remitting the matter for the TC to consider, the Tribunal said that Harrison had not asked for a hearingas he had thought that the answer was obvious. However, the situation was not straightforward.