In a new move to crack down on apparent ‘time-wasters’, Hereford-based Philip Buckley has been told by Traffic Commissioner (TC) Nick Denton that he may have to pay costs after failing to attend a Public Inquiry (PI).
Mr Buckley had applied for a new two-vehicle restricted O-Licence and given his main occupation as “private hire operator (taxi)”. Subsequent correspondence clarified that he was a Director of taxi operator Blue Line (Hereford). Mr Buckley’s P60 showed he received £7,236 income from the company during the year to 5 April 2016.
He failed to declare on the application form his involvement with a previous partnership O-Licence that was surrendered in 2002. He said he had forgotten about it.
Because Mr Buckley’s income was low and seemed likely to be considerably smaller than the profit generated by the operation of two minibuses, the TC told him that he would refuse the application.
Mr Buckley then requested a PI to consider his application. The inquiry was arranged in Birmingham on 12 January.
On the morning of the PI, the clerk telephoned Mr Buckley to check he would be appearing. Mr Buckley said he would not be and claimed he had not been told about it. When reminded of the recorded delivery letter he had been sent, he recalled that ‘he might have seen something about it’. He did not appear at the PI.
Refusing the application and saying he is considering making an order for Mr Buckley to pay towards the costs of the PI, the TC said Mr Buckley had failed to present any arguments as to why the operation of PSVs might not be his main occupation.
He considered that Mr Buckley’s conduct, in first requesting a PI, with all the work at the TC’s office that entailed, and then failing either to turn up despite having received notification, or to tell the TC’s office until contacted that he did not intend to be present, amounted to “frivolous conduct” under the Regulations.
Under the Regulations he must give Mr Buckley the opportunity to make representations against such an order. He had until close of business on 31 January to do so.
