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Bankrupt's mother refused
Page 35
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Tribunal upholds a Deputy IC's decision to refuse a licence to a mother whose son's licence had been revoked. Mike Jewell reports.
THE TRANSPORT TRIBUNAL has confirmed that Hemel Hempstead-based Beryl Zainudeen cannot have an 0-licence.
Eastern Deputy Traffic Commissioner Robert Lockwood had refused her original application on the grounds that she was a front for her son Clinton — his licence was revoked in December 2003 because of his bankruptcy.
Beryl Zainudeen had applied for a licence for eight vehicles. But Lockwood had decided Beryl Zainudeen had applied for a licence for eight vehicles. But Lockwood had decided that Clinton Zainudeen would continue to play a part in the business (his partner would control its financial affairs); it would have the same vehicles, the same transport manager and the same maintenance contractor. she was not a front for her son. In any case, I Prohibitions When Clinton Zainudeen had run the business with his mother there had been a history of prohibitions, including S-marked prohibitions and overloading. Beryl Zainudeen had admitted vehicles had not been parked at the specified operating centre.
She had failed to satisfy Lockwood that the DTC was not satisfied with her repute, financial standing or professional competence. He noted that her nominated transport manager was named as transport manager on a number of other licences.
Fronting Appealing to the Transport TribunaLB eryl Zainudeen maintained that she had been denied opportunity of crossexamining the traffic examiner or of addressing the DTC. She alleged that the DTC was wrong to find that she was "fronting for Clinton Zainudeen". Dismissing her appeal, the Tribunal agreed with all the points raised by the DTC. Beryl Zainudeen had been asked about the traffic examiner's evidence and had stated it was correct. the There was abundant evidence to support the DTC's conclusions that she was a front for her son. The other findings were all unimpeachable and each of them was sufficient to justify the DTC's refusal.
The Tribunal considered that the DTC had approached the case with care and had had no option but to refuse the application.