A disqualified director who destroyed company records in order to prevent a liquidator from discovering what was going on, has had a new licence application refused. Kent-based sole trader Graham Powell wanted to run three HGVs under the business name G.P Services, but deputy traffic commissioner John Baker requested his presence at a public inquiry due to his previous business history.
Powell had a licence in the name of Powells Transport revoked in 2013 and he continued operating through a different company Powells Transport (West Malling) until this later entered liquidation. He was then disqualified from being a director from between 2015 to 2022.
At an Eastbourne PI, Powell told the DTC his current business involved transport, but only with 3.5-tonne vans and his client was likely to move to work that required larger vehicles. However, Baker pointed to the content of his disqualification order, which said he had acquired all of the assets of Powells Transport without any consideration being paid. It also stated that he had disposed of company records in July 2013, thereby preventing the official receiver from determining what had taken place at the firm. Powell said he had not agreed with everything in the order, but he did not have the money to instruct representatives to oppose.
Refusing the application, DTC Baker said the disqualification order “has all the indicators of a phoenix company being created and the deliberate destruction of the company records led to the liquidator being unable to determine what level of bad practice had been taking place.”