Transpora Group

[ainsworth74]

This was also quite an entertaining passage:

Shortly after 23:00, Rhys Hand arrived. He said that the vehicle was not used to carry passengers (despite one being on board) and it was not used as part of the business (despite having a disc on display).

The traffic commissioner has clearly had some fun writing this decision

Philip Higgs was variously described as a 'funder' and 'chairman'. Surely he should have made it his business to ensure that the company was operating properly, yet somehow he didn't, and consequently escaped with his repute intact, which I find a bit surprising. If he was 'chairman', was he also a director with all the responsibilities it entails?

Whilst my experience with legal matters is with civil welfare benefit appeals rather than the traffic commissioner, I think this is a telling quote:

Revocation was not resisted. Mr Higgs’ had been the investor and Mr Hand the operational hands-on director. Mr Higgs had discharged his statutory duties. Much of the information he received had been positive and he had been kept in the dark regarding the bad bits. He had become the “last man standing” and his decision to suspend services had been justified on the circumstances. He had attended the inquiry. I should attach appropriate weight to the written representations of Mr Hand compared with the live evidence of Mr Higgs who had appeared and answered my questions.

It strikes me that one of the reasons the commissioner has given Mr Higgs a lighter touch than Mr Hand is simply that Mr Higgs has engaged with the process and tried to be helpful by engaging fully and openly with the process. Rather than Mr Hand who has made written submissions but has not been willing to present himself to answer questions. That sort of thing can go a long way to swaying a judge or commissioner over to your side. Which the commissioner basically goes on to say later on when they confirm in their decision:

I accept the position expressed by Mr Higgs that his primary role was as an investor and I accept his evidence of oversight in the way that he described it. By 12 July 2024, he had few options in respect of continuing operations particularly following the withdrawal of money from the company bank account as he described and as is supported by the bank statements I have seen. He made attempts to have at least some of the services covered and that is acknowledged by Gloucester County Council. He attended public inquiry and gave evidence in a public inquiry room that was exceptionally full of members of the PSV community.

Perhaps there is more that Mr Higgs could have done, perhaps he should have been more hands on (I rather suspect any future endeavour he may get involved with he will be more hands on!) but the point is that he provided testimony in person, answered questions that were put to him and was willing to do so in public in front of a large number of fellow PSV people. Whilst all Mr Hand was willing to down as provide a written submission, which was somewhat partial, and did not attend in order to answer questions that may be raised in light of that. It therefore follows that a lighter treatment of Mr Higgs is warranted in comparison to Mr Hand.

It never usually goes well to not engage with a legal process as serious as this, judges and commissioners tend to take a dim view...

 

[Tetchytyke]

I suspect there may be some Higgs vs Hand litigation at some point in the future.

That depends on whether Higgs is daft enough to go back for his hat. He’s walked away with his good standing intact which, given his previous, I’d take as a win if I were him.

 

[TheGrandWazoo]

That depends on whether Higgs is daft enough to go back for his hat. He’s walked away with his good standing intact which, given his previous, I’d take as a win if I were him.

Would you?

Mr Higgs has been largely exonerated by the TC, and so has retained his "Good Repute" as an operator. That is an issue that is put to one side in respect of the proceedings with the TC.

However, the clear suggestion is that there has been some financial chicanery undertaken (presumably by Rhys Hand in Mr Higgs' view hence the suggestion of potential litigation). This relates to the emptying of a bank account, the variance between recorded on-bus takings and those paid in, and costs incurred for private hire work without accompanying revenues.

For Philip Higgs to be considering litigation, the sums involved must be reasonably significant. If you felt that you'd been taken for several thousand pounds, would you simply chalk it down to one of those things?

 

[Tetchytyke]

For Philip Higgs to be considering litigation, the sums involved must be reasonably significant. If you felt that you'd been taken for several thousand pounds, would you simply chalk it down to one of those things?

My attitude to litigation would depend on a) whether I have any dirty washing in my closet that would get aired in public in court, b) whether I would have a realistic chance of recovering the funds and my legal costs should I win, and c) whether I'd accept making someone bankrupt, and the resultant prolonged inconvenience it would cause them, would be sufficient recompense if b) didn't happen.

"Going back for his hat" was the judge's comment in a recent libel case in Australia involving the political staffer Bruce Lehrmann. Lehrmann was acquitted of rape but he then tried to sue his victim for libel; he lost the libel action and the libel trial judge ruled that he was, indeed, a rapist. The judge said Lehrmann "having escaped the lion's den made the mistake of going back for his hat".

Given Higgs' previous record in front of the TC, and all that nastiness with Beverley Bell, I do wonder if there's a moral somewhere in that story.

This relates to the emptying of a bank account, the variance between recorded on-bus takings and those paid in, and costs incurred for private hire work without accompanying revenues.

Yes, I saw that, and it must be quite something for the TC to have put that in his final report- other financial matters were kept in closed court.

I'm an outsider, nothing more, and even I'd love to say I was surprised.

 

[Robertj21a]

I agree. He should probably let it drop unless he has a perfect story in his own life.
.
Or..... Rhys Hand has been mentioned in a negative way by a good many people, some seeming to go right back to Cornwall in his teenage years. Some people might feel that this is an opportunity to attempt some retaliation.

 

[TheGrandWazoo]

My attitude to litigation would depend on a) whether I have any dirty washing in my closet that would get aired in public in court, b) whether I would have a realistic chance of recovering the funds and my legal costs should I win, and c) whether I'd accept making someone bankrupt, and the resultant prolonged inconvenience it would cause them, would be sufficient recompense if b) didn't happen.

Well, absolutely. There's always the question as to whether "the juice is worth the squeeze" and the moral aspect too. However, that Mr Higgs is considering it does tell a story.

If, repeat if, there is any substance to the claims of discrepancies on income vs cash submissions, or income vs costs, then perhaps the moral question is less of a consideration? Even then, I accept, it depends on circumstances as to whether such variances were wilful acts or incompetence.

 

[richw]

Yes, I saw that, and it must be quite something for the TC to have put that in his final report- other financial matters were kept in closed court.

I'm an outsider, nothing more, and even I'd love to say I was surprised.

Company finances are heard in private without the public present.
Higgs revealed this information in the public part of the hearing and provided evidence to support it.

 

[jammy36]

Having read the output of the hearing, perhaps @mayneway might wish to review his opinion?


First of all, it perhaps does clear up some of the opacity of the relationship between Hand and Higgs. It was noted that Rhys wasn't listed on the North West business, but was on Manchester Bus Tours. Seems like that business operated as a rental facility, providing vehicles to Transpora in the South West. Clearly, that Philip Higgs can be bothered to come down from Blackpool (with legal representation) and face the TC is one thing. That he did so, and provided factual evidence to substantiate what happened, only serves to support his version of events. Meanwhile, Rhys failed to attend despite living a matter of miles away - I seem to recall that when FoxStar went bust, his next tweet came from a sun lounger! That Philip Higgs was able to attend AND provide that evidence is doubtless why his repute has been maintained @MotCO though perhaps he should have been less trusting/more hands on.

Let's be in no doubt - this is an excoriating report by Kevin Rooney. I'm sure that @nesw enjoyed reading some of that as a vindication of some of the questions and issues that he's raised over time. As I intimated earlier on this thread, I had been told some things in confidence about various business practices relating to Rhys, and can't say that what I've read has surprised me.

Some of the other facts that have come out are very disturbing. Operations in excess of O license authorisation is one thing, but running vehicles without tax (and thereby insurance). A vehicle being operated by a non qualified driver, tacho infringements, and then lying to the DVSA staff about it. Vehicles with serious defects. A vehicle abandoned by a roadside in such a position that the police has to undertake an emergency removal. This is all extremely serious stuff. Whilst @greenline712 may suggest, with all of the best will in the world, that Rhys needs to learn his trade with a proper operator, I'd perhaps counter with another view. Rhys has worked with different reputable firms (Rotala, CT Plus) and with some experienced busmen.

It's not a lack of knowledge here but something more fundamental that comes to the core of the individual. In the past, there have been many inconsistencies in the CityFox/Foxstar/Transpora stories. Some of those are, in all fairness, explainable in that some people do seize on anything that isn't black and white; there are often grey areas, and things do change. However, we've seen many instances with Rhys over the years where there have been legitimate reasons to suggest fabrication, plagiarism, and a tenuous relationship with the truth. Certainly, Mr Rooney is of a similar view.

Finally, for those who feel this is merely a sad episode and that no one got hurt... That was only through good fortune with vehicles running contrary to the law. People were inconvenienced by the overnight loss of services, Mr Higgs clearly believes that he has been financially impacted (we'll say no more) and that there are probably a number of creditors who will receive very little from a business that really had little actual worth or assets.

I very much agree with @TheGrandWazoo 's take on the situation.

No one got hurt, despite the unsafe operating practices... but there are innocent people (employers and suppliers) who have been financially damaged by Rhys's business practices. If we are to read between the lines this looks to extend to his former business partner.

Many people have given Rhys Hand the benefit of the doubt over the years but there has been a consistent pattern with with his operations (real and those that never came to fruition). Superficially the operations always looked professional however this always seemed a very thin veneer. There was a consistent, seemingly innate need to pretend his businesses were bigger than they were - presenting a rag-tag operation as part of some greater "group". Lots of promotion but not much delivery. Some might say Rhys was a dreamer, and ideas man, an entrepreneur but unfortunately I find him more to be a fantasist and deluded, a view seemingly held by the Traffic Commissioner also. Ultimately it seems that Transpora, like CityFox and FoxStar before it was very much a fur coat and no knickers affair.

Kevin Rooney's report has ripped away any veneer of respectability and any semblance of professionalism. The failings listed are serious, wide-ranging and seem to show a complete disregard for the regulations that are there to protect people. I do not expect Mr Rooney wrote such a damning report lightly. He has held back no punches and rightly so in my view.

 

[richw]

Lots of promotion but not much delivery

There is no denying Rhys is very good at marketing/ promotion of the business. Maybe that's the career path he should follow.

 

[father_jack]

Oddly the "route-one" report of the case has been removed. A reaction to an "idle" threat of legal action ?

https://www.route-one.net/news/rhys-hand-given-five-year-o-licence-disqualification-following-pi/

Something's wrong here...
It looks like nothing was found at this location. The page you were looking for does not exist or was loading incorrectly.

From the same area the story about the Munden family remains on the website.

 

[Dai Corner]

Oddly the "route-one" report of the case has been removed. A reaction to an "idle" threat of legal action ?

https://www.route-one.net/news/rhys-hand-given-five-year-o-licence-disqualification-following-pi/

From the same area the story about the Munden family remains on the website.

I didn't get a chance to read it. Was there anything in it that wasn't in the TC's decision notice?

(I'm not asking for any such information to be posted here. I don't want to get the Forum into any possible trouble).

 

[father_jack]

I didn't get a chance to read it. Was there anything in it that wasn't in the TC's decision notice?

(I'm not asking for any such information to be posted here. I don't want to get the Forum into any possible trouble).

To be fair it seemed like just a rehash from the TC report, I'll look later if it's still cached in my history.

 

[GusB]

Bus & Coach Buyer had a report today:

Bus & Coach Buyer

The bus & coach industry's longest running free title

www.busandcoachbuyer.com

A former Director of Transporabus South West – the trading name used by Bristol-based Altonian Coaches – has been disqualified from operating for five years, and the company fined £8,250.

Rhys Hand had operated Altonian under the Transporabus name alongside fellow director Philip Higgs, providing bus services. But a litany of problems with the company which led to bus services ceasing to operate overnight in July saw the company’s directors called to Public Inquiry by Traffic Commissioner, Kevin Rooney.

The company had originally been called to PI on 27 June but, said the TC, additional problems then came to light. The alarm bells had rung in late 2023 when Kingston Maurward School in Dorset reported service reliability issues and one of the Altonian drivers quit her job mid-service. The TC said that the Transport Manager for Altonian tried to pin the blame on Kura but it lay fully with the operator.

But the TC then was made aware of an incident involving an untaxed vehicle – belonging to Higgs’ Manchester Bus Tours – running a service for Altonian. A few weeks later, DVSA came across an Altonian minibus which had been driven by an unqualified driver, which had unrecorded driving periods on the tachograph. In both incidents, written explanations requested from Rhys Hand were not forthcoming.

Another incident was reported to the TC by the Dorset Police. They had found a double-deck bus abandoned on the A354 near Dorchester one night with nobody aboard, parked partly on the footpath on the unlit rural road. The hazard it presented was viewed as so serious, Police coned it then had it recovered to a police pound.

Both Rhys Hand and Philip Higgs were called to PI, but only Philip Higgs attended, with solicitor Jeremy Woodcraft. Rhys Hand sent a letter, claiming he did not attend because he no longer works for Altonian. Indeed, noted the TC, Rhys Hand had also failed to attend a PI into another company he managed, Snowdonia Travel Ltd, and subsequently also failed to pay a penalty of £300 to the Welsh government, despite numerous reminders.


Rhys Hand – via LinkedIn

In his letter, Rhys Hand claimed he had left Altonian because of compliance concerns, and that Philip Higgs had made the decision to cease running services. Although it was true that services had suddenly ended, the TC heard that the reason was that Rhys Hand, after his resignation, had withdrawn all the cash from Altonian, which breached the terms of its insurance, leaving Philip Higgs with no alternative.

TC Kevin Rooney accepted Philip Higgs’ explanation that he was more a chairman than director, entrusting day-to-day operations to Rhys Hand. But in February 2024, Mr Higgs had visited the Poole operating centre to discover it was ‘like a scrapyard.’ He took the decision to give notice on contracts there and withdraw from the area.

The announcement of the first PI set for June saw Philip Higgs also take Altonian Coaches matters in hand, and he discovered ‘unsustainable’ services, and a number of financial discrepancies, included hire costs with no apparent income: “By 12 July 2024, he [Philip Higgs] had few options in respect of continuing operations particularly following the withdrawal of money from the company bank account as he described and as is supported by the bank statements I have seen,” said the TC in a written decision.

“He made attempts to have at least some of the services covered and that is acknowledged by Gloucester County Council. He attended public inquiry and gave evidence in a public inquiry room that was exceptionally full of members of the PSV community. I make no adverse finding in relation to his good repute.”

Of Rhys Hand, the TC said: “The incident in Bristol is of major concern. Mr Hand made spurious comments about the vehicle not being in service and never responded to DVSA as he promised to explain how that aligned with it having a passenger on board and a disc in the window. I find that he lied to the DVSA officers that evening. Such conduct goes strongly against the good repute needed to hold a public service vehicle operator’s licence.”

“Telling the truth appears to be a life-style choice for Mr Hand. In, eventually, responding to my office on March 31 this year, he corrects his email to say “Snowdonia closed in 2019”. It did not. The company was compulsorily struck off the register on 6 April 2022 and dissolved on 19 April 2022.”

I may have the text of the Route One article - I'll see if I can find it.

 

[Megafuss]

There is no denying Rhys is very good at marketing/ promotion of the business. Maybe that's the career path he should follow.

Sticking snazzy vinyls to buses. Self styling your business as a "Group" to make it sound bigger and having a flashy website doesn't make you good at marketing, especially without a product to back it up.

 

[weastebusdepot]

Sticking snazzy vinyls to buses. Self styling your business as a "Group" to make it sound bigger and having a flashy website doesn't make you good at marketing, especially without a product to back it up.

There are others who have tried the same approach, almost as if they are trying to imitate each other. One "Group" with a five vehicle licence springs to mind.

 

[theblackwatch]

Bus & Coach Buyer had a report today:

Bus & Coach Buyer

The bus & coach industry's longest running free title

www.busandcoachbuyer.com

I may have the text of the Route One article - I'll see if I can find it.

I notice that the Bus & Coach Buyer article states "the TC heard that the reason was that Rhys Hand, after his resignation, had withdrawn all the cash from Altonian". From what I can see in the TC report, it does not state who withdraw the cash at all - it refers to "a large withdrawal from the Tide account to an individual" but does not actually name anyone.

 

[Leedsbusman]

I notice that the Bus & Coach Buyer article states "the TC heard that the reason was that Rhys Hand, after his resignation, had withdrawn all the cash from Altonian". From what I can see in the TC report, it does not state who withdraw the cash at all - it refers to "a large withdrawal from the Tide account to an individual" but does not actually name anyone.

But they may have been named in the inquiry.

 

[richw]

But they may have been named in the enquiry.

No he wasn’t, they’ve still got to be careful making such allegations at a public inquiry. However it doesn’t take much to work out who they were referring to despite not naming

 

[mayneway]

Having read the output of the hearing, perhaps @mayneway might wish to review his opinion?

In all honesty having previously worked with Rhys, he’s not the pantomime villain he’s portrayed to be.

 

[M803UYA]

In all honesty having previously worked with Rhys, he’s not the pantomime villain he’s portrayed to be.

I would prefer the viewpoint of the industry regulator in all honesty. They don't get their decisions wrong that often as a quick look at the Transport Tribunal website will attest.

It isn't acceptable to operate buses without them being taxed. It isn't acceptable not to pay the wages of your staff or not to pay their pensions. It isn't acceptable to fail to operate the bus services that you've registered. It isn't acceptable to not fix defects on your vehicles, neither is it acceptable to abandon your defective vehicles that you don't maintain at the side of the road causing an obstruction to other traffic. It isn't acceptable to run buses with unlicensed drivers.

You can operate an under capitalised operation using debt factoring and ignore the above but it has a predictable ending once the cashflow stops.

Most of the industry can manage to achieve all/some of the above. So I'm confused why he thinks that doesn't apply to him. In general, laws apply to everyone without exemptions.

If the above is too difficult, then he has no place in our industry.

 

[TheGrandWazoo]

In all honesty having previously worked with Rhys, he’s not the pantomime villain he’s portrayed to be.

I'll remind you of what you said. "Has he actually done anything wrong?" - well, yes he did, which @M803UYA very succinctly summarised.

You also felt that it was Philip Higgs who was exploiting loopholes when he has been clearly exonerated. Perhaps your personal dealings and perceptions are clouding your perception of what happened here?

Panto villain? He was running bent, and lying to DVSA staff, in the view of Mr Rooney. Oh, and he's been removed as a trustee of Ealing Community Transport, I believe.

 

[MotCO]

In all honesty having previously worked with Rhys, he’s not the pantomime villain he’s portrayed to be.

Oh yes he was - sorry, couldn't resist

 

[mayneway]

I'll remind you of what you said. "Has he actually done anything wrong?" - well, yes he did, which @M803UYA very succinctly summarised.

You also felt that it was Philip Higgs who was exploiting loopholes when he has been clearly exonerated. Perhaps your personal dealings and perceptions are clouding your perception of what happened here?

Panto villain? He was running bent, and lying to DVSA staff, in the view of Mr Rooney. Oh, and he's been removed as a trustee of Ealing Community Transport, I believe.

Quick question. Has Mr Higgs repute ever been questioned previously?? Does he have a good reputation with the Traffic commissioner??

 

[Tetchytyke]

Has Mr Higgs repute ever been questioned previously?? Does he have a good reputation with the Traffic commissioner??

Mr Higgs previously lost his good repute, as we all know, and regained it. He has kept that good repute- the TC decision was very clear on this.

So I’m not sure what your whataboutery brings to the table.

The TC decision is excoriating of Mr Hands. Why do you think that might be?

Oh yes he was - sorry, couldn't resist

He’s behind you!

 

[Statto]

Mr Higgs previously lost his good repute, as we all know, and regained it. He has kept that good repute- the TC decision was very clear on this.

So I’m not sure what your whataboutery brings to the table.

The TC decision is excoriating of Mr Hands. Why do you think that might be?

Yep, Higgs has had previous with the TC, & ended up being banned over this in 2017.

Catch 22 Bus Ltd boss 'spied' on government inspector

A tribunal judge said bus operator Phillip Higgs' conduct was a "serious invasion of privacy".

www.bbc.co.uk

A bus operator who hired a private detective to spy on a government inspector has lost his appeal to have his firm's licence reinstated.

Philip Higgs developed "animosity" towards the official because she would not say who complained about his firm Catch 22 Ltd, a tribunal heard.

He posted footage on YouTube of the inspector driving her own car poorly, in an attempt to discredit her.

A tribunal judge said the conduct was a "serious invasion of privacy".

Judge Howard Levenson also said it was an "attack" on the adjudicatory process. Mr Higgs is to challenge the decision.

The Lancashire company's licence for routes between Cleveleys and St Annes and another between Fleetwood and Thornton will be revoked from 18 February.

 

[Mr Manager]

Wasnt Phil Stockley involved with Rhys hand at some point ?.

 

[TheGrandWazoo]

Quick question. Has Mr Higgs repute ever been questioned previously?? Does he have a good reputation with the Traffic commissioner??

As well you know, there was a famous incident with another TC, Beverley Bell. In fact, Kevin Rooney referenced it:

Both Mr Hand and Mr Higgs have extensive licensing history. That of Mr Higgs has been considered elsewhere and I do not need to repeat it here.

However, as the decision of the TC states:

Mr Rhys Hand has lost his good repute as an operator.

Mr Rhys Hand is disqualified from applying for or holding an operator’s licence in any traffic area immediately and until 14 August 2029.

The good repute of Philip Higgs is intact.

That is unequivocal. So yes, and as @Tetchytyke says, this whattaboutery adds nothing and is fundamentally flawed. You might not like Philip Higgs but, in the decision of the TC, he is not culpable and retains his good repute.

You might like Rhys Hand, but in the decision of the TC, he has lost his good repute. He has, for the second time, presided over an operation that has
collapsed overnight. In the view of the TC and substantiated by evidenced, he has lied to DVSA inspectors, run untaxed vehicles, run vehicles that were unroadworthy, had people driving who weren't licensed and has a number of tacho discrepancies.

So when you ask it Rhys has done anything wrong....

 

[Tetchytyke]

Wasnt Phil Stockley involved with Rhys hand at some point ?.

Yes, and was very robust in his defence of Mr Hands when Fat Bus Bloke started asking pointed questions about the CityFox group in Bristol way back in 2016: https://publictransportexperience.blogspot.com/2016/06/the-greyhound-and-fox-part-3.html

 

[TheGrandWazoo]

Wasnt Phil Stockley involved with Rhys hand at some point ?.

Depends in what manner?

I think that Phil was at TM Travel and Rhys was helping out. He was going to head to Transdev but then elected to join the CityFox empire, being a director of certain legal entities and providing some guidance to Rhys (for want of a better word).

I think Phil went to CT Plus. When Cityfox later imploded, Rhys worked for Wheelers in Hampshire and for CT Plus in Bristol but don't know if PS was involved.

It's all a good few years ago, and hard to remember in detail.

 

[richw]

Rhys worked for Wheelers in Hampshire

Didn’t the Wheeler family own Altonian before it was taken over by Rhys and Philip?

Yep, Higgs has had previous with the TC, & ended up being banned over this in 2017.

Catch 22 Bus Ltd boss 'spied' on government inspector

A tribunal judge said bus operator Phillip Higgs' conduct was a "serious invasion of privacy".

www.bbc.co.uk

I understand Higgs eventually overturned it.

Catch22Bus releases statement on Beverley Bell - CBW

MD Philip Higgs is seeking full disclosure of the Judge’s report on Beverley Bell Catch22Bus has released a statement concerning the resignation of Beverley Bell as Deputy Traffic Commissioner and the Department for Transport (DfT) [...]

cbwmagazine.com

Relevant extract quoted, not the full article…

The complaints were made by Philip Higgs and Catch22Bus back in March 2015, but the Department for Transport did not start investigating the allegations of ‘serious misconduct’ until almost three years later in February 2018.

“The complaints were made as a result of her conduct at a Public Inquiry which occurred over multiple hearings between April 2014 and May 2015 and resulted in an adverse decision to revoke the licence of Catch22Bus in June 2015. Her decision was successfully appealed in respect of her 39 adverse findings of fact and a further review by another Traffic Commissioner (TC) found ‘no adverse compliance issues,’ overturning the 39 ‘facts.’