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PostPosted: Sun Mar 16, 2014 2:29 pm 
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Well, the Committee's necks should be on the line if this legal challenge fails, with the tender of their resignations.

As I said before, it would be remiss of them to do otherwise. :-|

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PostPosted: Sun Mar 16, 2014 4:46 pm 
Skull wrote:
Well, the Committee's necks should be on the line if this legal challenge fails, with the tender of their resignations.

As I said before, it would be remiss of them to do otherwise. :-|

And the chances of that happening are?...... Between the 5 committee members they took £114,000 in the last financial year and that is before any manager's salary.

So come on Skull, what chance of resignations in the year they lose the airport contract, they buy as many heavily discounted contracts as they can tender for and get into heavy legal costs again (don't forget Kensnowt cost CRT £250k earlier this financial year with his libel of ECPH). The trough must be a deep one.


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PostPosted: Sun Mar 16, 2014 4:47 pm 
The Script wrote:
Skull wrote:
Well, the Committee's necks should be on the line if this legal challenge fails, with the tender of their resignations.

As I said before, it would be remiss of them to do otherwise. :-|

And the chances of that happening are?...... Between the 5 committee members they took £114,000 in the last financial year and that is before any manager's salary.

So come on Skull, what chance of resignations in the year they lose the airport contract, they buy as many heavily discounted contracts as they can tender for and get into heavy legal costs again (don't forget Kensnowt cost CRT £250k earlier this financial year with his libel of ECPH). The trough must be a deep one.

Sorry for the above mistake, it was around £20k for the Kensnowt libel.


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PostPosted: Sun Mar 16, 2014 4:57 pm 
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Skull wrote:

Quote:
The CGSA states quite clearly:-
“taxi” means a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then; and

“private hire car” means a hire car other than a taxi within the meaning of this subsection.

There are also numerous legal precedents, some of them quite obscure, which make it clear that PH cannot rank in public view.


And once again, I suppose this would depend on whether or not, waiting in line, on private land constitutes an official rank, in the eyes of the law.



The CGSA takes no account of who owns the land Skull.
It says a public place - which in Scottish law is any place to which the public have access, regardless of who owns it.

For our southern bretheren, this is entirely different to English law, where I believe ownership of the land is important. :-|

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PostPosted: Sun Mar 16, 2014 6:13 pm 
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Gusmac writes:
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The CGSA takes no account of who owns the land Skull.
It says a public place - which in Scottish law is any place to which the public have access, regardless of who owns it.

For our southern bretheren, this is entirely different to English law, where I believe ownership of the land is important.


I'm not sure if you are correct on this one. As a number of years back, I challenged the airport on Jubilee road being private by pointing out there was no gate to be close this road, making it a private road with public access, and a few weeks later a gate appeared. I am pretty sure that for land to remain private, a gate must be closed on the land a number of times a year.

There is something written into Scott's law about private land and public, rights of way. A private car park, for instance, doesn't become a public car park just because the public has use of it. :-|

Oh and I should also point out. The police were threatening to ban me from the airport at the time, and they couldn't do it because I had a right of access. :-|

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PostPosted: Sun Mar 16, 2014 7:51 pm 
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The Script wrote:
Skull wrote:
Well, the Committee's necks should be on the line if this legal challenge fails, with the tender of their resignations.

As I said before, it would be remiss of them to do otherwise. :-|

And the chances of that happening are?...... Between the 5 committee members they took £114,000 in the last financial year and that is before any manager's salary.

So come on Skull, what chance of resignations in the year they lose the airport contract, they buy as many heavily discounted contracts as they can tender for and get into heavy legal costs again (don't forget Kensnowt cost CRT £250k earlier this financial year with his libel of ECPH). The trough must be a deep one.
,000


£114,000 in a year, well CRT deserve what they get... #-o #-o #-o #-o #-o

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PostPosted: Sun Mar 16, 2014 7:56 pm 
Skull and Gusmac, hopefully I don't need to educate you two on how PHC can be booked? A booking for a PHC can be taken on a fag packet, the back of a drivers hand, an iPad, in fact anything that can be written on and wait for it, a booking can be recorded after the driver has completed their hire! There is no condition attached to the CGSA which states a booking must be taken before the commencement of a hire.

Feck me does the cab trade really need a wake up call or what?


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PostPosted: Sun Mar 16, 2014 9:25 pm 
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The Script wrote:
Skull and Gusmac, hopefully I don't need to educate you two on how PHC can be booked? A booking for a PHC can be taken on a fag packet, the back of a drivers hand, an iPad, in fact anything that can be written on and wait for it, a booking can be recorded after the driver has completed their hire! There is no condition attached to the CGSA which states a booking must be taken before the commencement of a hire.

Feck me does the cab trade really need a wake up call or what?




I appreciate where you are coming from and what you are saying makes perfect sense, especially, with the technology now on offer. However, there is the question of "the spirit of the act" and how the relevant legislation should be interpreted, but as it stands, I would agree with you. It's not an argument I would like to make. :-|

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PostPosted: Mon Mar 17, 2014 2:07 am 
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The Script wrote:
Skull and Gusmac, hopefully I don't need to educate you two on how PHC can be booked? A booking for a PHC can be taken on a fag packet, the back of a drivers hand, an iPad, in fact anything that can be written on and wait for it, a booking can be recorded after the driver has completed their hire! There is no condition attached to the CGSA which states a booking must be taken before the commencement of a hire.

Feck me does the cab trade really need a wake up call or what?


I don't believe I commented on the legality or otherwise of the PH operation at Edinburgh airport 8)

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PostPosted: Mon Mar 17, 2014 2:20 am 
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Skull wrote:


I'm not sure if you are correct on this one. As a number of years back, I challenged the airport on Jubilee road being private by pointing out there was no gate to be close this road, making it a private road with public access, and a few weeks later a gate appeared. I am pretty sure that for land to remain private, a gate must be closed on the land a number of times a year.

There is something written into Scott's law about private land and public, rights of way. A private car park, for instance, doesn't become a public car park just because the public has use of it. :-|

Oh and I should also point out. The police were threatening to ban me from the airport at the time, and they couldn't do it because I had a right of access. :-|


The requirement re a private road is that it must be closed to the public for a full 24 hours, at least once a year to remain a private road.
This isn't the point at issue here though.

The point is the definition of a public place, rather than whether a road is public or private. It can be either and still be a public place.
A public place need not be a road, or even outside. Any place to which the public have access is a public place, for as long as the public have access. :D

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PostPosted: Mon Mar 17, 2014 2:52 am 
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gusmac wrote:
Skull wrote:


I'm not sure if you are correct on this one. As a number of years back, I challenged the airport on Jubilee road being private by pointing out there was no gate to be close this road, making it a private road with public access, and a few weeks later a gate appeared. I am pretty sure that for land to remain private, a gate must be closed on the land a number of times a year.

There is something written into Scott's law about private land and public, rights of way. A private car park, for instance, doesn't become a public car park just because the public has use of it. :-|

Oh and I should also point out. The police were threatening to ban me from the airport at the time, and they couldn't do it because I had a right of access. :-|


The requirement re a private road is that it must be closed to the public for a full 24 hours, at least once a year to remain a private road.
This isn't the point at issue here though.

The point is the definition of a public place, rather than whether a road is public or private. It can be either and still be a public place.
A public place need not be a road, or even outside. Any place to which the public have access is a public place, for as long as the public have access. :D


Gusmac, take into context, the fact, the airport can (do what the fu*k they like) change any access point, road, car park or "rank" people waiting in line, to suit their aims.

You are dreaming, if you think, you have a definitive interpretation of the above. Do me a favour and read what you have written, again?

Honestly, Gusmac, I've been at this a lot longer than you, and even I, would not nail my colours to the mast on this one. #-o

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PostPosted: Mon Mar 17, 2014 3:04 am 
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Oh and Gusmac, what if you have a private road which allows access to a "public place" but once a year, for 24 hours? :shock:

You see Gusmac. I used to go fishing at a loch where access was a private road, running up to a dam wall, which was owned and maintained by the water board. The land owner had the fishing rights and the surrounding land, the water board, however, was responsible for the water in the loch and the dam wall. :?

You couldn't make this sort of shi* up. :shock:

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PostPosted: Mon Mar 17, 2014 5:35 am 
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The Script wrote:
Skull and Gusmac, hopefully I don't need to educate you two on how PHC can be booked? A booking for a PHC can be taken on a fag packet, the back of a drivers hand, an iPad, in fact anything that can be written on and wait for it, a booking can be recorded after the driver has completed their hire! There is no condition attached to the CGSA which states a booking must be taken before the commencement of a hire.

Feck me does the cab trade really need a wake up call or what?


You are clearly ignorant of Edinburgh's taxi licensing conditions. Conditions 76 - 81 apply to the PHC licence holder and 166 - 167 apply to the PHC Driver's licence holder.


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PostPosted: Mon Mar 17, 2014 5:52 am 
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Skull wrote:
Oh and Gusmac, what if you have a private road which allows access to a "public place" but once a year, for 24 hours? :shock:

You see Gusmac. I used to go fishing at a loch where access was a private road, running up to a dam wall, which was owned and maintained by the water board. The land owner had the fishing rights and the surrounding land, the water board, however, was responsible for the water in the loch and the dam wall. :?

You couldn't make this sort of shi* up. :shock:


section 133 of the CGSA.

"public place" means any place (whether a thoroughfare or not) to which the public have unrestricted access and includes:
1. the doorways or entrances of premises abutting on any such place; and
2. any common passage, close, court, stair, garden or yard pertinent to any tenement or group of seperately owned houses.

Like the airport car park, or a pub car park or a PHC company car park or...............


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PostPosted: Mon Mar 17, 2014 8:41 am 
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Just think if CRT lose this case, there will be little huts appear all over town with PHC ranked beside them.


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