Objectors Tried to Prejudice Batty Case?
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Decision Reserved at Resumed Hearing
OBJECTORS had taken every opportunity of prejudicing the case, said counsel for Arthur Batty, Ltd., Bradford, when Major F. S. Eastwood, Yorkshire Licensing Authority, resumed hearing at Bradford, last week, of the company's application for A licences to replace defence permits. The company is owned by Pickfords, Ltd. Decision was reserved.
At the first hearing in Leeds, in December (reported in" The Commercial Motor" on December 26), Mr. H, Backhouse, representing 17 Lancashire objectors, had alleged that Batty's was undercutting local operators in Lancaster, Blackburn and Morecambe, and cornering warehouse space in the north. He said that his clients had had to employ a private detective to trace a Batty van which had been operating in these towns.
14 Per Cent. Dead Mileage At the resumed hearing, Mr. A. W. Bame, of Hays Wharf Cartage Co., Ltd., in reply to Mr. D. Karmel (for the applicant), said that Pickfords had less than 14 per cent. of empty mileage.
He said that Pickfords had standard rates for removals throughout the country. These were: van with driver, 13s. an hour; with driver and packer, 16s.; with driver and porter, 16s.; with driver and two• men, 19s.; for three extra men, 22s.
Cross-examined by Mr. Backhouse, Mr. Barne agreed that a Batty van had travelled 48 miles to do a three-mile removal job. He also agreed with Mr. Backhouse that a vehicle had gone from Bradford to Blackburn to do a removal of a quarter of a mile. In that case, the vehicle picked up two small consignments on the return journey. On another occasion a vehicle had travelled 103 miles, of which 100 miles was dead mileage.
Driver's Notebook When questioned about his movements, Mr. James Turner, a driver em ployed by Arthur Batty, Ltd., referred to a small notebook, and declined to let Mr. Backhouse see it when the latter requested that it be handed to him. Major Eastwood ordered Turner to hand in the book and, after looking through it, commented: "I don't like this book at all, quite frankly. Some of it is printed in block letters and some _ written."
Major Eastwood ordered Turner to write certain words in normal handwriting and block lettering on a sheet of paper. Major Eastwood then remarked: "It does not need a handwriting expert to see that more than one person has been busy on this book."
Turner declared that the book was written throughout in his own handwriting.
In answer to Mr. Backhouse, Turner said he was recalled to Bradford on July 26, and another van was sent out as a replacement. He agreed that he had inspected his log sheets for July since the last hearing. He said that this was done on orders from Arthur Batty, Ltd. . Mr. Karmel interposed to say that Turner was advised by his instructing solicitors that he should go through his records. Mr. Backhouse then questioned Turner on the places where he had parked his van. He agreed that it was parked at the Happy Valley cafe (between Blackburn and Preston) for almost the whole of October.
Mr. Backhouse said that the Batty vehicles had been "tucked away" and suggested that the parking places had been chosen as places where the vehicles would hardly be noticed.
Mr. Karmel then questioned Turner and referred to Mr. Backhouse's suggestions at the previous hearing on the parking of vehicles.
Mr. Karmel: "Is there any truth in the suggestion that the only reason you went to these places was because you were told to do so by your employers?" —" I went there on my own initiative."
Mr. Karmel asked Turner about the entries in his notebook, and Turner replied that there was no doubt at all that the whole of the writing was done by himself.
C.I.D. Experience Major Eastwood: "I accept that, but I have had a fair amount of experience in C.I.D. work."
Mr. George Tamey, another Batty driver, told Mr. Karmel that drivers had discretion as to where they parked their vehicles.
Mr. Karmel: "En view of that discretion, did you leave your vehicle in a yard near your home? "---" Yes, sir."
"When it was said that it was tucked away among hen houses, was there any truth in that at all? "—" No, sir."
Mr. Karmel said that many irresponsible statements had been made by Mr. Backhouse at the previous hearing. Mr. Backhouse interjected that he had put questions to Mr. Jenkins, area manager of Arthur Batty, Ltd., who had admitted that the van was parked on a cinder track among hen coops.
Mr W. R. Hargrave, representing 15 Yorkshire objectors, cross-examined Tamey, who said that the yard where he parked the vehicle was an open one.
Mr. C. M. Gilbert, of Dean and Pownder, Ltd., Morecambe, said that he had frequently seen Batty's vans operating in Morecambe from May to December last year, when his vans were available for removals. When furniture from Morecambe hotels was moved to temporary storage during the war, Morecambe and Lancaster operators did the work. When the furniture was returned after the derequisitioning of hotels, Batty's had been given the work.
Mr. Karmel asked Mr. Gilbert who had organized the opposition -to Batty's at Morecambe and who had instructed Mr Backhouse. Mr. Backhouse strenuously protested that it was not a permissible question Mr. Karmel retorted that a number of matters had been put to Mr. Backhouse and he wanted to know who was responsible for putting forward deliberate lies and untruths."
Mr. L. Brown, ex-police-sergeant, said that he was engaged by the Morecambe branch of the National Association of Furniture Warehousemen and Removers, to endeavour to find out where the Batty vehicle operating in Morecambe was being. garaged.
Mr. James B. Stubbs, managing. director of Stubbs Depositories, Ltd., Blackburn, told Mr. Backhouse that there was no need for additional removal facilities in and about Blackburn.
Circulars Issued
Mt. Stubbs said that in the spring of last year,. he observed Batty's vehicles in and about Blackburn and towards the end of January he toil: a photograph of a shop in Whaley Range, which was displaying an advertisement for Arthur Batty, Ltd. Later he began to receive letters issued by Batty's, advertising the company's service. Before that time it had been the practice in Blackburn not to issue circulars.
After Batty's started this campaign, Mr. Stubbs opened a counter-campaign. He said that he followed Batty's yehicles in Blackburn and took photographs. Cross-examined by Mr. Karmel, h said he had not started a deliberate campaign against Batty's.
Mr. Karmel: "Who is paying for these objectors? "—" I do not know."
"Are you not the secretary of the Blackburn association, and did you not call a meeting together and suggest that you should contest this case to the end? We have meetings every month to discuss matters of interest."
Mr. Stubbs said his company's charges per hour were 14s. for a van and driver, 17s. 6d. for driver and one man, and 21s. for a driver and two men. He objected to Pickfords rates and quoted a case of a removal carried out in Blackburn, which tasted two full days. Four men were engaged on the job and the cost was £7.
Application " Bluff " In his final address, Mr. Backhouse contended that the whole application was bluff. It had been stated that Pickfords had a fiat rate throughout the country, but evidence had been given that Batty's had even undercut the parent concern.
Mr. Hargrave said it was an impudent application and there had never been an answer to the objector's case.
Mr. Karmel maintained that an "incredible atmosphere" had been created by Mr. Hargrave and Mr. Backhouse from the very beginning. Anything likely to prejudice the Court had been introduced into the case.
There had not been a word of objection from anyone in Bradford, and it was quite wrong in law to suggest that an A-licence vehicle could not be used and garaged from time to time in places other than the base.