Eastern Deputy Traffic Commissioner Mary Kane's refusal to return an impounded vehicle to Rochford, Essex-based Dean Fewings, trading as Fewings Transport Services, has been upheld by the Transport Tribunal on appeal. Fewings had not requested a public inquiry when he applied for the return of the vehicle on the grounds that he believed he had applied for an O-licence.
The DTC decided that, unless there were further representations, the application would be determined on the written
evidence without a hearing. Fewings and his solicitor were given seven days to respond, but failed to do so. Fewings told the Tribunal he had honestly believed he had an O-licence, and had not realised he could have requested a hearing before the DTC or sent representations.
He was unable to say why he thought he had a valid licence when he had to declare a bankruptcy on the application form - which would have led to a public inquiry. The Tribunal was unable to find any error in the DTC's decision, which she had made after giving extra time for representations.
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