Judge overturns Traffic Commissioner's decision

Lynne Walker, the sole director of collapsed haulier Pemberton Transport, has had the decision to disqualify her from holding a directorship at any transport company for an indefinite period overturned.

In a written decision published this week, appeal judge Mark Hinchliffe held that Walker had not lost her repute as a transport manager and was no longer disqualified from being a transport manager or obtaining a licence indefinitely, contrary to the decision of North West Traffic Commissioner (TC) Beverley Bell made at a public inquiry (PI) last August.

However, he did uphold Bell's ruling to revoke the O-licence of the Cheshire firm - which went into liquidation in June 2010 - on the grounds of financial standing.

At the PI last August, Bell had expressed concern that Pemberton Transport - which was authorised for 16 vehicles and 18 trailers - had used Northern Ireland-based sub-contractor Bulk Transport, run by Michael Tinnelly, the brother of Kevin Tinnelly, who had lost his repute in the North Western Traffic Area.

The inquiry also heard evidence that Walker had held the position of either a secretary or director at 11 companies since 2002, including F1 Logistix, which had its licence revoked in June 2004.

On appeal, Walker argued she had been the victim of the TC's dislike of Tinnelly, and that she had not been a director or transport manager of F1 Logistix when its licence was revoked.

Hinchliffe said there was no suggestion of malpractice in relation to Walker's employment history.

He added: "The TC appears to us to have taken a 'no-smoke-without-fire' view that, upon careful analysis, lacked substantial foundation.

"It is clear that the licence was rightly revoked on financial grounds. The company is in liquidation, and was so at the time of the PI."

Hinchliffe added that he did not think the TC's other conclusions were sustainable. "There was no evidentially established basis upon which the TC could reasonably conclude that the company, or Miss Walker in any capacity, had lost repute," he said.