A haulage firm in Widnes that managed to operate HGVs for 15 years as a sole trader when it had become a limited company has now had its licence revoked.
The traffic commissioner for the North West, Gerallt Evans, said the failure of Eric Sprakes, trading as Sprakes Transport Services, to notify his office of a change in entity “over such a protracted period” inevitably meant the operator had lost its repute.
Concerns about the business, which had a licence authorising 12 HGVs and 12 trailers, only came to light earlier this year when examination by the TC’s office found it lacked financial standing.
The operator was called to a public inquiry in Golborne where Sprakes admitted that the sole trader business had finished in 2012 following a fire at its premises and Sprakes & Sons Limited was then incorporated
However, it was also established that vehicles had not been operated by Sprakes as a sole trader since as far back as 2008.
The operator claimed an accountant had advised him that he could keep his licence as a sole trader and he thought this was in order as the VAT registration certificate for Sprakes & Sons Limited gave the trading name of Sprakes Transport Services.
He said he realised he had made a “huge mistake” but that it was not deliberate and he had now applied for a new operator’s licence as a limited company.
In his written decision, TC Evans said: “Mr Sparkes repeated the fact that he had made a terrible mistake.
“It was confirmed that in fact the first change of entity occurred in 2008 when the sole trader business was incorporated as Sprakes Transport Services Limited. That company then operated the vehicles until its insolvency in 2012. From that date the vehicles have been operated by Sprakes & Sons Limited.
“Mr Sprakes said he had been caused great stress by the position and sought to reassure me he would learn lessons and be doubly careful to be compliant in future.”
The TC noted that there was effective management control and appropriate systems and procedures in place and decided against disqualifying the director: “I am satisfied that with appropriate training and support, Mr Sprakes is capable of regaining his good repute and should be allowed the opportunity of proving he can deliver compliance in future,” he added.
