Appeal over impounding allowed after wrong police force notified

Chris Tindall
June 16, 2023

A truck driver has won an appeal against the impounding of her vehicle after a tribunal found paperwork completed by the DVSA had been sent to the wrong chief constable.

Georgia Ash appealed against a decision made by the senior traffic commissioner (TC) Richard Turfitt to refuse the return of her truck after he was not persuaded she actually owned the vehicle.

The truck was guided into Donnington Services from the M1 in September 2022 and DVSA officers found that the vehicle was loaded with household furniture.

Ash was found not to have a Driver CPC, the vehicle was not specified on any licence, and she was not using a tachograph. The truck was detained and so the driver applied for its return, claiming she had been driving it for personal use and not for hire or reward.

The appeal tribunal agreed that the senior TC was not provided with sufficient evidence the vehicle belonged to Ash. But it also said there had been an administrative error at the time of the impounding, in that the wrong police force was informed of the decision.

The chief constable of Derbyshire Police was served with the notice; however, Donnington Services falls within the county of Leicestershire.

Allowing the appeal, the tribunal added: “That does not mean that the vehicle will be returned to Ms Ash as she has not established on the balance of probabilities that she is the owner. She will have to do rather more than she has to date in order to show that the vehicle should be returned to her.”

About the Author


Chris Tindall

Chris Tindall started writing for the haulage and logistics industry in 2002 and quickly realised there was enough going on to keep him busy for a very long time. He’s covered a broad range of significant issues, including GPS jamming by criminals, platooning, Brexit and the impact of the Covid-19 pandemic, the lack of safe and secure lorry parks and he helped secure the release of a lorry driver in a Polish jail due to misuse of the European Arrest Warrant.

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