Brian Eric Moon and Leslie John Moon have been disqualified from acting as directors for 10 years, for causing a company to be convicted of criminal offences, misappropriating funds, and breaching statutory duties and obligations
The disqualifications follow an investigation by the Insolvency Service.
Twinkle Transport Limited was established in 1978 by brothers Brian and Leslie Moon, initially carrying out domestic removals and progressed to freight transportation.
The investigation found:
the directors were responsible for Twinkle Transport being convicted before Norwich Magistrates Court on 6 February 2013 of a total of 13 offences. The offences included using a vehicle not specified on the operator licence, using a document resembling an operators licence disc with the intention to deceive, two offences concerning failure to produce documents and nine offences concerning failure to produce tachograph record sheets and/or digital data when lawfully required to do so
the convictions resulted in the Company receiving fines in the sum of 3,700.04 and being found liable for costs in the sum of 3,066.00
on 18 June 2013, the Traffic Commissioner of the East of England revoked the Companys Goods Vehicle Operator Licence and the company was disqualified from holding an operators licence for a period of one year. The order was extended to Brian and Leslie Moon for a period of one year
Brian Moon was also disqualified from relying on his Certificate of Professional Competence until he has undertaken such training to regain his Certificate of Professional Competence by passing the relevant examinations
after Twinkle lost its Vehicle Operating Licence and trading had ceased in June 2013 the directors beached their duties as directors, by making payments to themselves
between 25 October 2013 and 22 November 2013 a total of 136,900 was paid to Brian Moon
between 21 October 2013 to 18 December 2013, a total of 18,429 was paid to Leslie Moon
the directors also caused Twinkle to trade whilst insolvent at the risk of and ultimate detriment of creditors from at least 1 April 2011 and for the benefit of themselves
the directors failed to ensure that Twinkle complied with statutory obligations to file returns and make payment to HMRC
Twinkle Transport went into Liquidation on 7 January 2014 with no assets and liabilities of 581,478.
Commenting on the disqualification, Cheryl Lambert, Chief Investigator at the Insolvency Service, said:
Directors have a duty to ensure that the companys business activities comply with the law. Directors who do not comply with this basic obligation can expect to be investigated by the Insolvency Service and enforcement action taken to remove them from the market place.
In this case Brian and Leslie Moon caused the company to break a number of laws resulting in the company receiving criminal convictions.
These convictions show there was a serious lack of compliance with the relevant legislation. After these convictions led to the company being unable to trade they then proceeded to make payments to themselves.
Taking action against Brian and Leslie Moon is a warning to all directors to seriously consider their actions and compliance with legislation. Directors must ensure they perform their duties and obligations.