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Disqualification for uncooperative director

12 Feb 2025

A Slough operator failed to cooperate with the DVSA and the traffic commissioner’s office on eight separate occasions, in a case described as “entirely unacceptable”.

Optimum Pallet Services (OPS) has now had its licence revoked and its director disqualified after TC Kevin Rooney said the firm and Vanessa de Sousa Araujo Merricks needed time out of the industry to reflect.

The DVSA informed Rooney’s office that OPS had failed on three occasions to respond to invitations to attend an online new operator seminar after a traffic examiner visited the business premises and found no evidence that the firm was using the base.

Following the visit, Merricks emailed the DVSA to explain that she was unable to make a subsequent appointment to meet with the traffic examiner as she was on maternity leave. A new date with OPS’ transport consultant was scheduled, but then this was cancelled when Merricks said he had been admitted to hospital.

Another postponement followed before the DVSA visited the company premises for a second time and was once gain told by another firm that no-one had heard of OPS.

Rooney proposed to revoke the licence, but Merricks then requested a public inquiry to discuss the issues.

However, before the hearing took place, the Metropolitan police pulled over an HGV belonging to the company and found a wide range of offences, including poor load security, expired tachograph calibration, instances of driving with no card inserted, an expired MOT and the driver had seven points on his licence, which, along with the lack of MOT meant the vehicle’s insurance was invalid.

The office of the TC then received an email from Merricks days before the PI was due to take place saying she had Covid and would not be attending.

No evidence of her illness was provided.

“This is now the eighth appointment where illness or childcare have apparently prevented her attending,” the TC said.

“It seems highly likely that the latest adjournment request was simply an attempt to defer the fateful day when decisions have to be made. I proceed to make those decisions.”

Rooney said the police’s encounter with the HGV and its driver was shocking and he disqualified both the operator and the director for three years.

The licence was revoked with immediate effect.

Source: Commercial Motor