Taxi Driver Online

Could you elaborate?

Hope you get a certain new Appeal Court Judge (and I'm not naming him) who, would you believe, drove a cab before he studied law.

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IDFIMH

Hi Sussex - I thought you would sit up!!.

One case, a PHV, already agreed with the District Judge for summonses to be issued, but not listed for court just yet (but very soon). He seemed quite happy to proceed as he saw a case to answer, simply on the basis of plying for hire (in a public place), and invalid insurance.

On the out of area hackney front, I do not think for one minute that we will get the "Scampion" thing overturned, but we are going to have a go, but the papers have not yet been put into court.

In this case, I think we will be putting forward that the location is a "road", in any case, therefore falling foul of the TPCA act, plus other details (further issues for prosecution).

I remain ver p*ssed that we have had to take this action, and effect drivers in this way, but our Council still refuse to do anything, hence the number of private prosecutions for plying of the street, and elsewhere, we have already filed.

Still, I figure it is better to try and possibly fail, than to sit and pontificate forever - who knows we might win, just after they make me pope!.
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Bankruptcy here I come................

I believe there are two DJs in Sussex. Let's hope they are as good a friend of the cab trade as I hope they are.

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IDFIMH

To be perfectly honest, although the judge was certainly not the type I would like to be in front of if I was in trouble (god forbid), the process was quite painless, and he was extremely helpfull.

I thought before hand that he would not like "amateurs" in his court, but nothing of the sort, he was very professional, and seemed sympathetic to "the cause".

I do not know whether the cases are to be held at magistrate level yet - maybe higher as the potential tariff (if found guilty) is quite high.

It will stay at the mags level, and only go up on appeal.

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IDFIMH

Scampion rested on three points and none related to a public place like the one you are presented with, the road issue is immaterial and is only analogous to Birmingham Airport. Read the case thoroughly over and over again until you get it, otherwise employ a lawyer who understands taxi law.

If the same case was prosecuted today by someone clued up on licensing law I doubt that the status of the road, the positioning of the rank or the Airport byelaws, would prevent a successful prosecution.

Regards

JD

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