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Barclays out of time to win back vehicle
Page 23
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THE TRANSPORT TRIBUNAL dismissed an appeal by Barclays Asset and Sales Finance against the refusal of Eastern Traffic Commissioner Tom Macartney to return an impounded vehicle. There was a 23-week delay in making the application.
All impounded vehicles are listed in the London Gazette and the owner has 21 days to make an appeal for a vehicle's return. The Tribunal said that, since the annual number of impoundings was small, leasing and finance firms should routinely search the Gazette.
The vehicle had been detained in April 2007 at Felixstowe Docks, laden. It was not displaying a licence disc and the driver said it was hired from Translyne Transport, whose licence had been revoked.
Initially TRC Truck Rental applied for the truck's return but accepted it was not the owner. On 15 August the Traffic Area called Barclays and sent an application form, which was returned on 3 October stating Barclays had a lease agreement with TRC which had permission to sub-let the vehicle. In its notice of appeal, Barclays said the form had been sent to the wrong department but took a long time to reach the right one. The Tribunal said no explanation was given for the delay until the notice of appeal, three weeks after the TC's decision. There was no attempt to explain the period between notice being given in the Gazette on 24 April and the call on 15 August.