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Judge drops directors’ disqualifications

  • 23 August 2012
  • By Roger Brown

A total of five directors at Goodman Hitchens have won an appeal to have their disqualification orders set aside.

In a written decision, Upper Tribunal Judge Mark Hinchliffe overturned the decision of Miles Dorrington, the deputy traffic commissioner (DTC) for the South Eastern and Metropolitan Traffic Area made in February.

Dorrington had disqualified all of the company’s directors from holding an O-licence in any traffic area for a year, at that time.

The directors did not challenge the DTC’s decision to revoke the firm’s restricted O-licence for seven vehicles, following an adverse maintenance investigation by Vosa in September 2011.

However, on appeal, they said the DTC knew “perfectly well” that a call-up letter sent to an address in Himley Road, Tooting, had not reached the operator, despite the fact that it was, technically, the last known correspondence address.

They added that the DTC had details of the correct address – the Goodman Hitchens registered office in Rickmansworth, Hertfordshire.

The directors said as a result, they had not had a real and genuine opportunity to address the question of their actual culpability and make representations to the DTC about the effect of the disqualification on their business.

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Article source: http://www.commercialmotor.com:80/latest-news/judge-drops-directors-disqualifications