Retailer banned for ‘fronting’ disqualified operators08 August 2016

An Enfield retailer has been banned indefinitely from running HGVs because of “overwhelming evidence” that he acted as a front for other operators whose licences had been revoked.

Nick Denton, traffic commissioner for London and the South East (pictured), ruled that fruit and veg retailer Tacim Subasi was not a fit person to be running HGVs and he had no confidence in Subasi’s ability to comply in the future.

The order came at a public inquiry in Eastbourne last month – the second hearing involving Subasi this year.

In February, Subasi’s operator’s licence was suspended due to serious shortcomings, including using a vehicle without an MOT for almost nine months.

At that inquiry, Subasi’s licence was only allowed to continue under certain conditions and, said Denton, these had subsequently been ignored.

After the latest inquiry – which Subasi did not attend – the TC found that he was not the de facto operator of the vehicle; he had failed to fulfil his previous undertaking to procure a third party to submit details of tacho downloading and analysis; he lacked financial resources to support the licence; and he had failed to notify the dates of the suspension following the February hearing.

“He had comprehensively failed [despite many reminders] to submit the dates of suspension and to submit details of his new tachograph analysis system,” stated Denton.

“Indeed, there is no evidence that the operator ever served the suspension. There is overwhelming evidence that he acted as a front for continued operations by Canim Fruit and Veg and Aydin Maraslioglu.”

And he added: “I am clear that, given the history of non compliance and that he has acted as a front to allow continued operations by an operator whose licence I had revoked, Mr Subasi is not a fit person to be operating HGVs and deserves to be put out of that aspect of business.”

Laura Cork

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