Yorkie wrote:
JD wrote:
gedmay wrote:
Geoff,
Thanks for that. This hearing has come about because of ( I think) the commissioners from the Midlands raising issue with the way this firm is ALLOWED to perform. There is a two tier system of enforcement at the airport, as you know that anybody but our friends are given the bums rush anywhere near the terminals. Traffic tickets are handed out to all and sundry and they feel aggrieved that they can see a firm operating under the same licence being allowed carte blanche to park and indeed ply for hire outside the three terminals.
Because we have complained to Leeds they invited us to properly submit evidence instead of the mainly anecdotal stuff that we had given them. We are of course only on the periphery, all the legal side will be down to the commissioner.
Tuesday’s hearing is not a Full hearing, in fact it’s just a “Preliminary hearing” A preliminary hearing is to determine if a full hearing is warranted. If there is to be a full hearing then it will probably be in Manchester. If I had to make a guess I would doubt that it goes any further than the Preliminary hearing.
If anyone wants to go down and listen to the evidence, it’s open to the public, it’s in Leeds and it starts at 11 am.
Best wishes
JD
and how can you come to that Guess
my guess is a full hearing and as the case arises in Stockport, I guess it will be in the offices in Leeds.
Well I can hardly say I’m an expert on PSV legislation and I’m sure you know far more than I but having weighed up the facts I find it difficult to make a solid enough case against Airportcarz that would be good enough to make the Commissioner revoke their licence.
I think the Commissioner will want firm proof that Airportcarz are breaching their licence. I think if the guys at the airport had any proof they wouldn’t have waited over 18 months to get a preliminary hearing. This preliminary hearing is a last act of desperation for the Airport drivers. If the Commissioner decides Airportcarz have no case to answer then that’s the end of the issue. You will know the outcome soon after Tuesday.
But what of the facts and why do I think Airportcarz are standing on firmer ground?
In July 2003, Because of pressure from Airport drivers and Airport TOA committee members, the TOA Secretary made a statement saying he was contemplating taking Airportcarz to court, that challenge never materialised. It never materialised because it was rumoured that Airportcarz had never lost a legal challenge in such cases. The expense of losing a legal challenge scared the chit out of the TOA. Therefore, it is obvious to me that the Cabbies at the Airport weren’t convinced that they had the law on their side.
Enter route two.
Route two went by way of getting the local licensing department involved. The cabbies at the airport thought that because Airportcarz were operating like a private hire company the licensing department should go up there and feel their collar. What the lads at the Airport failed to consider is that Airportcarz are not licensed by Manchester City Council and therefor the Council can’t touch them. You would have thought that with all those brains up there they would have realised this.
Enter route three.
Route three is what your experiencing right now, a preliminary complaint hearing. The reason I think this will fail is for the simple reason that Airportcarz since July have operated on a Flexible license. You should know what a flexible licence is because you plan to operate one yourself with these two Taxi buses in the Kirklees area. I am assuming Yorkie = Geoff.
I ‘m not going to spell it out for these guys at the Airport what a flexible license is, they should already know. I will say this, the commissioner will not be oblivious to the fact that part of this complaint is motivated by competition. I am sure Airportcarz will point that out loud and clear.
That’s my reason for thinking it will all end on Tuesday, what’s your reason for thinking it won’t?
Best wishes
JD