Decision

Decision for Steven Allen (OH1132027) and Steven Allen – Transport Manager

Published 18 November 2024

0.1 In Western Traffic Area

1. Written Decision of the Traffic Commissioner

2. Public Inquiry held on 5 November 2024 at Bristol

2.1 Operator: Steven Allen (OH1132027) and Steven Allen – Transport Manager

3. Background

Steven Allen is the holder of a standard international goods vehicle operator’s licence authorising the use of two vehicles and two trailers from an operating centre in Chard. The licence has been in force since 30 January 2015. Mr Allen is also the nominated transport manager.

On 2 March 2024, Sergeant Dalby of Warwickshire Police notified my office of an encounter with the operator and his vehicle which was displaying a false registration plate. My office asked Mr Allen for an explanation and he said the following:

“The reason the number plate was covered was due to the lack of quality foods and high parking charges for disgusting and poor facilities on motorway services. I used a foreign number plate to avoid the ANPR cameras to avoid the parking fees for the reasons mentioned”

Not entirely satisfied with this explanation, and concerned this approach may be more widespread within the operation, I asked DVSA to carry out a desk-based assessment. DVSA attempted to do so. A letter was sent to the operator on 6 June requesting compliance records. Mr Allen responded on 14 June to say that he was away in Europe until 24 June and requested an extension. He was written to again on 27 June and given a further seven days to comply. Nothing was sent and the case was remitted back to my office.

On 31 July, my office sent a letter to Mr Allen stating that I had proposed to revoke the operator’s licence. Mr Allen responded via email on 12 August inviting the staff member to visit him to “go through everything”. That invitation was declined and Mr Allen then requested a public inquiry.

4. The Public Inquiry

No-one has attended for the operator today. The operator has accessed the case online and updated an attendance sheet with the names of those to attend left blank. I conclude that the operator and transport manager are fully aware of proceedings and have chosen not to attend.

5. Findings of Fact

No finances have been provided. Financial standing is not satisfied. Section 27(1) is made out. Revocation is mandatory.

The operator and transport manager used false registration plates to defraud operators of motorway service areas. If he felt the parking charges were too high, he could have chosen to park elsewhere, likewise if the food was not to the high culinary standard he clearly demands. But the use of false plates is an act of fraud and goes to the heart of the trust upon which operator licensing, and indeed society itself, depends. Absent any reasonable explanation, I find it is enough for Mr Allen’s good repute to be lost as both operator and transport manager.

This public inquiry was requested by Mr Allen. It has put other operator licence holders to the expense of calling an inquiry and producing the brief. It has taken my time to prepare the case and to write this decision. My public inquiry room is, this afternoon, sat empty when another case, perhaps an urgent new licence application or an impounding hearing, could have taken place. That waste of public funds is an aggravating feature. The failure to cooperate with DVSA is a further aggravating feature. I find that Mr Allen needs a period of reflection outside of the industry.

Kevin Rooney
Traffic Commissioner

5 November 2024