Deputy Traffic Commissioner (DTC) Fiona Harrington has refused to return an impounded 16-seater minibus to Mark Judd, Director of Emblings Coaches and Judd’s Travel, whose licences were revoked by Traffic Commissioner (TC) Richard Turfitt in 2015.
The TC disqualified Mr Judd from holding or obtaining a PSV O-Licence indefinitely and also disqualified him from acting as a Transport Manager for an indefinite period [routeone/Court Report/6 May 2015].
Traffic Examiner (TE) James Fordham told the DTC that the minibus was impounded on 5 July after it had carried passengers on a journey from a primary school to a community college in Lincolnshire.
The driver, Michael Adams, stated that he was working on the instructions of Mr Judd. A compliments slip was found in the vehicle in the name of Judds Coaches – a company that did not hold a PSV O-Licence. Mr Adams did not hold the required driving entitlement to drive the vehicle.
The headmistress of the primary school produced email correspondence between the school and Mr Judd between 13 and 15 June 2017, booking a 16-seater for a quoted price of £150.
The DTC said that Companies House records showed that Judds Coaches was incorporated on 19 May 2015 and registered at the same address as Judd’s Travel. The sole director of the company was Kelly Ann Fowler. On incorporation, Mr Judd was the 100% shareholder of the company and at 9 June 2017 remained the controlling shareholder with 75% or more of the issued shareholding.
Mr Judd said that Judds Coaches only took on passenger transport work as a 'middleman', using other sub-contracted operators to complete the work on the company's behalf. He had purchased the vehicle with the initial intention to hire it out on a self-drive hire basis. The fee charged to the primary school for the transport between the two schools was to cover costs only, not for profit. He believed that as the journey was not for profit he would not require a PSV O-Licence and could operate without such a licence similar to a community transport operator based in March, Cambridgeshire.
Refusing to return the minibus, the DTC said that neither Mr Judd nor the company held a PSV O-Licence or a permit to provide community transport. She simply did not believe the reasons advanced by Mr Judd for the operation of the detained vehicle without the required PSV O-Licence. She also found the reasons advanced by him to be so unlikely as to be untrue and that his evidence was neither credible nor convincing. He had enabled the unauthorised operation of the vehicle for financial reward by shutting his eyes to the obvious interpretation of the law.
In the absence of any reliable documentary evidence to support legal ownership, she concluded that Mr Judd had not satisfied her that he was the legal owner of the vehicle.
