Nidge2 wrote:
OK OK, I'm going to need some back up here, will a high court case be a win win for us?
Ashfield drivers commit no
licensing offence by waiting in the street
unless they are plying for hire,
The drivers could be stopped for any number of reasons, to go to the toilet, to get a cup of coffee, to have a chat.
Any of the above are parking contraventions only.
The drivers may well have pre-booked fares to collect, even a large block booking. (that is why their For Hire signs are not lit)
A driver may wait a reasonable time (anywhere it is legal to pick up or set down inc. double yellows etc.) for a pre-booked fare to turn up (Makda v The Parking Adjudicator)
Does the licensing officer know that they do not have a pre-booked fare ?
A hackney carriage driver has no requirement to keep a record of pre-booked fares, nor does a pre-booked fare have to come through a radio system, although a text message is always good back up evidence,
A pre-booked fare that does not turn up is still a pre-booked fare. (Makda v The Parking Adjudicator)
A pre-booked fare may well text or phone the driver to say "I will be another 5 minutes" (use your imagination)
Just because the driver ends up on the taxi rank does not mean he was plying for hire at the time of the alleged contravention, his pre-booked fare did not turn up so he joined the rank.
As to the high court, if the council argue and win that the mere fact that a driver with a marked vehicle waiting in the street is plying for hire, where do private hire go then?