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TC misled about nature of business
Page 26
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THE TRANSPORTTribunal has upheld the decision made by Scottish Traffic Commissioner Joan Aitken to revoke the licence held by upar-based Kennedy Commercials, Brian Kennedy was one of the partners involved in the business, which had a licence for eight vehicles and seven trailers, based at Prestonhall Industrial Estate, Cupar. There appeared to have been a change of entity in that Melinda Ross had removed herself from the partnership, and Darlene Bell had been added via an online facility.
The licensing section wrote to the firm in June 2008 asking for information about the changes and about the fact that correspondence sent to Prestonhall had been returned marked: "Addressee gone away". Kennedy replied in July 2008 saying that Ms Ross was still a partner, that Ms Bell had been added, and that Prestonhall was only a yard, the buildings having been demolished.
A letter from Ms Ross in October 2008 said she had parted from Kennedy in June 2008, but he had asked her to leave her name on the licence as well as adding Bell.
She had added she knew that licences were not transferable, that there were no funds to support the business and that Kennedy was the subject of an insurance investigation. She also said the buildings at Prestonhall had not been demolished.
Kennedy said that Ross had been the bookkeeper, since he had effectively been a sole trader. He admitted he was not in partnership with Ms Bell either, and was, in fact, still a sole trader.
Kennedy said there were no longer buildings for deliveries at Prestonhall, just Portakabins He said he parked there Or at Whitehill Industrial Estate, Glenrothes.
Dismissing the appeal, the Tribunal said that the TC concluded she had been misled about the entity in which Kennedy traded, so he was operating illegally.