Decision

Written decision for Jarnail Singh Bajwa

Published 16 November 2020

In the West Midlands Traffic Area.

Decision of the Traffic Commissioner.

Application to cancel his disqualification from holding an operator’s licence.

Hearing in Birmingham on 6 October 2020.

1. Decision

The application by Jarnail Singh Bajwa for the cancellation of his disqualification from holding an operator’s licence is refused.

2. Background

In May 2014, following a public inquiry into an operator licence held by GB Haulage Ltd, a company of which Jarnail Singh Bajwa was the director, traffic commissioner Nick Jones revoked the licence and disqualified Mr Bajwa indefinitely from holding or applying for an operator licence. In his written decision TC Jones referred to Mr Bajwa’s “sustained lies” to VOSA (as DVSA then was) and “attempts to mislead” both VOSA and the traffic commissioner.

At the same time TC Jones granted an application by Bajwa & Son Midlands Ltd, whose director was Kamaljit Kaur, Mr Bajwa’s ex-wife. The company gave an undertaking that Mr Bajwa would have no involvement in any capacity whatsoever.

At a public inquiry In March 2016 TC Jones found that, in fact, Mr Bajwa had acted as a shadow director of Bajwa & Son Midlands Ltd. He revoked its licence, disqualified Kamaljit Kaur from holding one in the future, and reiterated that Jarnail Singh Bajwa remained disqualified indefinitely. He further found that Mr Bajwa had also been acting as a shadow director for the operator licence holder Goldcare Ltd, again in defiance of his disqualification.TC Jones found that Mr Bajwa had been very much “the controlling mind” of both companies.

At yet another public inquiry in September 2018, this time into an operator named Parker Transport Midland Ltd, I found that the company – whose nominal director was David Parker - was in fact a front for continued operations by Mr Bajwa. There was an overwhelming body of evidence, cited in my decision, in favour of such a finding.

In January 2020 a company named Ash Transport Ltd applied for an operator’s licence. The application was refused without a public inquiry because the sole director, Jarnail Singh Bajwa, remained disqualified from being the director of a company obtaining an operator’s licence.

3. Hearing

Mr Bajwa subsequently applied to have this disqualification lifted, and a hearing was held in Birmingham on 6 October 2020. Mr Bajwa was represented by Charlie Ahmed, director of Invergold Associates Ltd, a transport consultancy

Mr Bajwa was remorseful about what had happened with GB Transport Ltd. He denied any subsequent involvement in Bajwa & Son Midlands Ltd, Goldcare Ltd and Parker Transport Midland Ltd.

4. Finding and decision

I find this denial to be completely at odds with the evidence presented to the previous inquiries referred to above and the subsequent findings reached. I find that, notwithstanding his indefinite disqualification in May 2014, Mr Bajwa proceeded to flout it by continuing to act as an operator, first under the guise of Bajwa & Son Midlands Ltd and Goldcare Ltd and later under the guise of Parker Transport Midland Ltd. Mr Bajwa claimed that there was a case of mistaken identity, but no evidence for this was produced.

Far from using the intervening period to rehabilitate himself, Mr Bajwa has only compounded his original shortcomings by his continued attempts to evade the ban. There is no place in the industry for a person like him. The application is thus refused.

5. Postscript

In his 2016 decision TC Jones commented on a conviction incurred by Mr Bajwa for threatening behaviour. Mr Bajwa has provided evidence that this conviction was subsequently overturned. I accept this evidence but it has not affected my finding that he has acted as a shadow operator when he should not have done and therefore deserves to remain disqualified.

Nicholas Denton

Traffic Commissioner

14 October 2020