Skip company fined after motorcycle death (From The Wiltshire Gazette and Herald)

Skip company fined after motorcycle death

5:26pm Monday 11th August 2008

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WIDOW Nina Denley sobbed in court today as Chippenham company Porter Metals were fined for illegally depositing the skip that lead to her husband's death.

Porter Metal and Skip Hire were found £1165 for delivering the skip to Lodge Road in Pewsham last June, without a licence.

Motorcyclist Carl Denley died at the scene on June 19 after he collided with the skip.

All charges against builder Adrian Carey, who had hired the skip and moved it from its original position, were dropped and he was awarded £75 costs.

Chippenham Magistrates Court heard how a catalogue of administrative errors had lead to the skip company neglecting to make sure the license for the skip was in place before delivering it.

There were no adequate safety cones or lights, and the skip should not have been delivered to Lodge Road as the licence application was listed for nearby Danes Close.

It also emerged that the skip company had faxed through the application on behalf of self employed builder Adrian Carey, to Wiltshire County Council, despite the council sending out letters months before saying they would no longer accept applications via fax.

Company secretary Lisa Walker tried to defend their action by saying they had operated in this way for ten years.

"Unless we hear from the council we go ahead and place it. If they have a problem with where it has been sited they would ring us," she said.

However the license had not been granted by the council, who were still processing the application.

Prosecuting Andy Pritchard said: So you have been depositing skips for all these years on the presumption that they will get permission?

"Even though the council might ring up and say there's a problem you still deliver it.

"Porter skips have been working on the cavalier approach that it won't be a problem."

Defending the skip company Mike Jeary said: "Nobody told the company, oi you're putting skips on the highway without us having the opportunity to see it.

"As far as Mrs Walker is concerned nobody, but nobody told her or the company that they were operating in an illegal way."

Chair of Magistrates David Morrell said: "Firstly this was a tragic tragic accident.

"No one could have predicted that leaving a skip on the road by a curb could have resulted in a fatality.

"We looked carefully at the defence of Porters and there was a lack of communication by the county council and porters.

"Mrs Walker did say that she knew no license had been received. Because she admitted that no license was in place and there were no light for the skip we find Porter Metal guilty."

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