Considerations, findings and decisions
24.In coming to a decision on the application by Haulage I have made the following findings:“i.the company has in effect already started operating HGV’s, despite Mr Newman’s assurance in August 2021 that it would not do so in advance of authority being granted. The company accepted at the inquiry that it had “jumped the gun”. ii.Ian Newman is not the sole controlling mind of Haulage. Andy Scott has put up all the money, while Adam Lewis continues to exercise an overseeing role.iii.Adam Lewis has been strongly criticised by the liquidator of one of his previous companies, Roadways Express Limited, for failing to cooperate with her investigations thus hampering her from being able to reach a view on whether the company traded improperly before entering liquidation.iv.Andy Scott and Adam Lewis have a long history of failed road haulage companies behind them - companies that enter liquidation owing large sums of money to HMRC and other creditors. They hive of the profitable parts into new companies, leaving creditors of the old companies high and dry.v.a similar intention lies behind the application from haulage: it is intended to be a vehicle for the profitable parts of Storage, leaving the rest of Storage to go into liquidation owing money.vi.showing me a letter, dated the very day of the inquiry, threatening staff with redundancy as a result of the traffic commissioner’s decision, was a repugnant attempt to influence my decision and not the act of a reputable company. As it happens, I have neither revoked nor suspended the licence of Storage. vii.it follows from sub-paragraphs (i) to (vi) above that REL Storage Limited and the people behind it are not of good repute and are not a business or people in whom I could have any trust. It is just the latest domino in the series of failed companies overseen by Mr Scott and Mr Lewis. Mr Newman is a front man but has no skin of his own in the game”.27.Whatever view might be taken as to the soundness of the TC’s findings and the fairness of the proceedings, it has to be said that he did not mince his words.
- DECISION OF THE UPPER TRIBUNAL
- Cases referred to
- Introduction
- Factual and procedural background
- Some relevant legislative provisions
- The TC’s decision and his reasoning
- Considerations, findings and decisions
- The lodging of the appeal to the Upper Tribunal and some preliminary matters
- The hearing of the appeal
- Our approach to the appeal
- Our reasoning on the appeal
- Applications for operators’ licences
- Information to be given under section 8
- Disposal
