News

An appeal by Gafoor Poultry Products against a refusal to return two impounded vehicles has failed. As reported by MT earlier this year, the Preston-based firm, whose O-licence was revoked in October 2006 and a bid for a new licence refused in February 2008, had two of its vehicles impounded in July 2006. One had been displaying an O-licence disc in the name of John S Feather, the other in the name of Mohammed Malik.

However, both vehicles were registered, insured and taxed by Gafoor and  had been specified on that firm's licence before it was revoked. At last week's Transport Tribunal, Mark Laprell, for the company, argued that the North Western Traffic Commiss-ioner Beverly Bell had been prejudiced against the company by referring to her previous knowledge of its compliance history.

He argued that she had been quick to draw adverse inferences from the evidence against the firm. Dismissing the appeal, the Tribunal said that it was inconceivable that a TC would not be entitled to draw adverse inferences from the failure of the owner of a vehicle to call any evidence to answer the case.

In this case, the company's directors simply sat at the back of the court and relied upon legal submissions rather than putting forward any evidence in support of the company's applications. The Tribunal could not find any evidence of prejudice and nor could they criticise the TC's approach. She had made it clear that it would be a "rare case" for an owner to succeed in an  application for the return of a vehicle without giving evidence and this was not such a case.