B-130356, JAN. 9, 1958

B-130356, JAN. 9, 1958

TO CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 19, AND NOVEMBER 22, 1957, REQUESTING FURTHER CONSIDERATION OF OUR DECISION B-130356, DATED AUGUST 9, 1957, PERTAINING TO YOUR CLAIM OD-325D (PRO. 395089).

YOUR CLAIM WAS DISALLOWED BY OUR TRANSPORTATION DIVISION BY LETTER DATED JULY 5, 1955, AND AT THAT TIME YOU WERE REQUESTED TO REMIT WITHIN 30 DAYS THE AMOUNT OF $157.41 TO COVER AN OVERPAYMENT MADE INCIDENT TO THE SHIPMENT INVOLVED FOR WHICH DEMAND HAD PREVIOUSLY BEEN MADE IN OUR NOTICE OF OVERPAYMENT FORM 1003. THIS ACTION WAS SUSTAINED IN OUR DECISION OF AUGUST 9, 1957, IN WHICH THE FACTS AND CIRCUMSTANCES GIVING RISE TO YOUR CLAIM, AS WELL AS THE BASIS FOR OUR ACTION, WERE FULLY SET FORTH. YOU WERE AGAIN REQUESTED TO REMIT THE AMOUNT OF $157.41, IN LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES BY REASON OF THE OVERPAYMENT MADE INCIDENT TO THIS SHIPMENT.

WITH RESPECT TO THE INQUIRY IN YOUR LETTER OF NOVEMBER 22, 1957, REGARDING THE WITHHOLDING OF $157.41 FROM YOUR EARNED REVENUE, YOU ARE ADVISED THAT SINCE THE DETERMINATION AS TO THE INDEBTEDNESS OF THE CAROLINA FREIGHT CARRIERS CORPORATION TO THE UNITED STATES IN THAT AMOUNT HAD BEEN SUSTAINED IN OUR DECISION OF AUGUST 9, 1957, AND SINCE THERE HAD BEEN NO COMPLIANCE WITH SEVERAL REQUESTS FOR REFUND OF THE MONEY, OUR TRANSPORTATION DIVISION, ON NOVEMBER 17, 1957, DEDUCTED $157.41 FROM AN AMOUNT OTHERWISE DUE YOU ON BILL 650-57, COVERED BY VOUCHER NO. 195658, IN THE NOVEMBER 1957 ACCOUNTS OF GOVERNMENT DISBURSING OFFICER S. GADDIS.

FOLLOWING RECEIPT OF YOUR LETTER OF SEPTEMBER 19, 1957, ALL THE PERTINENT PAPERS REGARDING THIS TRANSACTION WERE ASSEMBLED HERE AND THE ENTIRE RECORD HAS BEEN THOROUGHLY EXAMINED. YOUR POSITION THAT ACCUMULATED STORAGE CHARGES REMAIN DUE INCIDENT TO THIS TRANSACTION WAS GIVEN CAREFUL CONSIDERATION AT THE TIME OUR DECISION OF AUGUST 9, 1957, WAS WRITTEN AND APPEARS TO BE SQUARELY MET IN THE CONCLUDING PARAGRAPH THEREOF IN WHICH YOU WERE ADVISED AS FOLLOWS:

"THERE IS NO INFORMATION OF RECORD REGARDING YOUR ASSERTION THAT STORAGE CHARGES ARE DUE ON THIS SHIPMENT. THE RECORD FAILS TO SHOW WHETHER THE SHIPMENT ACTUALLY RECEIVED STORAGE PRIVILEGES OR THAT STORAGE WAS ORDERED BY THE SHIPPER, AND THERE IS NO JUSTIFICATION FOR ASSUMING THAT STORAGE WAS PROVIDED IN THE ABSENCE, AS HERE, OF ANY EVIDENCE WHICH WOULD ESTABLISH THAT FACT.'

THE RESPONSIBILITY FOR MAINTAINING THE RECORDS AND SUBMITTING THE DOCUMENTS NECESSARY TO ESTABLISH A RIGHT TO PAYMENT OF A CLAIM REMAINS WITH THE CLAIMANT, AND YOU HAVE NOT SUBMITTED ANYTHING WHICH ESTABLISHES YOUR RIGHT TO THE PAYMENT OF YOUR CLAIM FOR STORAGE CHARGES.

THE CONTENTS OF YOUR MOST RECENT LETTERS HAVE BEEN CAREFULLY EXAMINED AND YOU HAVE NOT PRESENTED ANY FACTS OR EVIDENCE THAT WAS NOT FULLY CONSIDERED IN OUR PREVIOUS DECISION. ACCORDINGLY, THE CONCLUSION REACHED IN THAT DECISION IS REAFFIRMED.