This restricted goods vehicle licence had been granted at a public inquiry before the Commissioner in May 2021 and the sole director, Laura Powell, gave assurances throughout the inquiry that her fiancé, Clint McDermott Probert, would not be involved in the running of the business. There had been concerns about the potential unlawful operation of a vehicle by a company of which Mr Probert was a director before it was dissolved in 2021.
Moving forward to October 2023, DVSA encountered one of the operator’s vehicles being driven by Clint McDermott Probert and issued him with a drivers’ hours prohibition notice for failing to use a tachograph record sheet or driver card. The DVSA also alleged that he was driving the vehicle without a valid driver CPC and that he failed to produce tachograph record sheets, driver card or print out at the roadside. In a follow up interview, Mr Probert stated that the business (PSM Recycling and HIAB Services Ltd) belonged to him and his partner (Laura Powell) and that they both managed and ran the business. Unsurprisingly a further investigation was triggered.
During that investigation, tachograph data was formally requested and did not appear. A public inquiry was called and despite the best efforts of the Traffic Commissioner, the operator did not attend the inquiry hearing and did not submit any written representations in advance of the hearing. Nor did the operator submit evidence of its financial resources as requested.
Commissioner Davies said “By failing to respond to the DVSA request for information or its report, failing to engage with my office or attend the public inquiry hearing or provide any of the requested documentation, the operator has shown that it is not fit to hold an operator’s licence. I also have concerns about the involvement of Mr Clint McDermott Probert in this operator’s business given what he stated to the DVSA during interview, which directly contradicts what Laura Powell assured me prior to this licence being granted. They have passed up the opportunity of demonstrating how it is acting in compliance with the licensing requirements.”
The commissioner found that the operator was no longer fit to hold their licence and revoked it.
The full written decision can be found here.
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