Traffic Commissioner Gerallt Evans has refused to return an impounded 16-seat minibus after the applicant failed to attend a Golborne Public Inquiry
Traffic Commissioner (TC) Gerallt Evans refused to return an impounded 16-seat minibus after the applicant, Kirkham-based Irene Butcher, failed to attend a Golborne Public Inquiry.
The vehicle was impounded on Friday 20 January at the M65 Cuerden check site. It had initially been stopped by the police, who then directed it to the attention of DVSA at the check site.
In her application, Mrs Butcher said that she was very sorry but, as it was only used part-time, she didn’t know she needed an O-Licence – and if the minibus was returned to her, she would be selling it, as she didn’t have the money to apply for an O-Licence.
The TC said that Mrs Butcher had been the registered keeper of the vehicle since 14 August 2018. It bore the name ‘Gregory Tours Ltd’. On 16 November 2021, DVSA sent Mrs Butcher a letter warning her that it had information she had been using vehicles in connection with a business that required a PSV O-Licence. The letter warned of the consequences of continuing to use a vehicle without licence authority. Mrs Butcher responded that she intended to apply for an O-Licence. She subsequently started an online application, but it was not completed, the fee was not paid, and the application never submitted.
There were reviews on Facebook for ‘Gregory Tours Ltd’ from July 2022 for providing airport transfer services, including one that referred to nine passengers. There was also an advert in a local paper for Gregory Tours, referring to the availability of a 16-seat minibus for “private hire, airport runs, golf trips, nights out.” ANPR evidence showed 244 sightings of the vehicle between 26 October 2022 and the date of the impounding on 20 January 2023.
When the vehicle was stopped it was being driven by Howard Butcher, who gave the same home address as for the applicant. The vehicle was carrying 10 passengers on a pre-booked journey from Preston to Blackpool. £120 had been paid to Mr Butcher by the passengers but he returned the payment to the passengers after being stopped. When interviewed, Mr Butcher said he ran Gregory Tours as a sole trader and no one else was involved in running the business. He admitted he was aware that the vehicle needed an O-Licence to conduct a hire and reward journey. He claimed his wife had applied for an O-Licence before Christmas, but they had not heard back. There was no record on the Companies House register of a company named Gregory Tours.
The TC had not seen any conclusive evidence to support the applicant’s assertion that she was the owner. Howard Butcher claimed that he was the person solely responsible for running the minibus business and that raised at least the possibility that he might be the rightful owner of the vehicle. The application by Mrs Butcher must fail, as she had not passed the starting point by demonstrating ownership of the vehicle.
The TC was also satisfied that Mrs Butcher had been warned by DVSA in November 2021 that an O-Licence was required, and that she understood that warning, as she subsequently started an online licence application.
He felt it more likely than not that the application was not pursued as Mrs Butcher realised that she could not meet the requirement of financial standing. The vehicle had been used on a relatively regular basis from July 2022 onwards. In any event, there was nothing in the legislation to suggest that occasional use was exempted from the licensing requirement.
