News

The Transport Tribunal has dismissed an appeal by Barclays Asset and Sales Finance against the refusal of the Eastern Traffic Commissioner Tom Macartney to return an impounded vehicle because there was a 23-week delay in making the application. All impounded vehicles are listed in the London Gazette and the owner has 21 days to make an appeal for a vehicle's return.

The Tribunal said that, since the annual number of impoundings was not huge, leasing and finance companies should have a  system for making routine searches of the London Gazette. The vehicle concerned was detained in April 2007 at Felixstowe Docks whilst laden with a container. It was not displaying a licence disc and the driver said it was hired from Translyne Transport, a company whose licence had been revoked. Initially TRC Truck Rental applied for its return, but that company accepted it was not the owner. On 15 August a member of the Traffic Area staff telephoned Barclays and they were sent an application form, which was returned on 3 October stating that Barclays had a lease agreement with TRC and had given that company permission to sub-let it.

In its notice of appeal Barclays said the form had been sent to the wrong department for completion and it took a substantial amount of time to reach the right department. The Tribunal said no explanation was given for the delay until the notice of appeal, some three weeks after the TC's decision. At no time was any attempt made to explain the period  between notice being given in the London Gazette on 24 April and the conversation on 15 August. There was no explanation of any sort before the TC at the time of his decision.

The Tribunal emphasised that if owners seeking the return of an impounded vehicle are out of time it is for them to explain the delay if they expect a TC to exercise discretion in their favour.