News

A Somerset haulage firm appears to have run trucks for nearly a month without an operator's licence in its own name, Motor Transport can reveal. Frome-based BDR Logistics started trading on 6 October, running 130 trucks, yet VOSA did not receive an application for its O-licence until 6 November. BDR was set up to take over the business of Brian Rayner Transport, the trading name of sole trader Brian David Rayner. Rayner  was declared bankrupt on 4 November owing £3.9m.

However, Milsted Langdon, the company acting as trustee for the bankruptcy, says an agreement to sell the goodwill and assets of Brian Rayner Transport to BDR Logistics was signed before the bankruptcy petition was issued on 16 September.

Simon Rowe, a partner at Milsted Langdon, says: "They could not both trade at the same time because they would both be using the same assets." He says Brian Rayner Transport had granted BDR a licence to trade that was exercised from mid-October, although the sale did not complete until early November.

BDR Logistics sent letters to Brian Rayner Transport's customers on 9 October advising that Brian Rayner Transport was to cease trading and would be operating as BDR Logistics from 6 October. The letter said any invoices after that would "need to be invoiced and paid to the new company".

BDR Logistics is run by Rayner's wife Amanda Selby, along with Ivor Chalker and Paul  Ingram Rayner is employed as customer liaison.

Selby denies operating without an O-licence she insists that BDR did not run any vehicles until its interim licence was granted on 6 November. She says Brian Rayner Transport continued to do work until it officially ceased trading on 4 November but BDR was invoicing for that. In addition, she says it paid a six-figure sum for the business, based on a valuation of its assets.

But Rowe says Milsted Langdon is investigating whether "best value was obtained for creditors" when the business was sold. Additionally, trade creditors are angry that they have been left with about £1.4m in debts, which were not taken on by the new business.

Selby says she is trying to save 150 jobs and has had her family threatened as a result of her involvement with the business.

Brian Rayner Transport used to work as a subcontractor for TNT in the West Country and Wales. It is believed that BDR Logistics has carried on that relationship. However, MT understands that TNT is seeking talks with the new company to clarify the status of BDR and what prompted the move away from Brian Rayner Transport. "We want to clarify matters with the company to assess any future relationship," adds a source.

BDR Logistics' public inquiry is due next week into its application for a licence in five traffic areas. The RHA has objected to the application by BDR on the grounds of repute.

This public inquiry will be heard alongside the second part of a disciplinary inquiry into Brian Rayner Transport conducted by Western TC Sarah Bell.