Taxi Driver Online

It looks like the council & 203020's legal teams sat down weeks ago & said what will we do ?
Take out an interdict & we can't put you off the road.......only thing is they didn't think we'd find out !DISGUSTING !!!!!!!!!

The Lord Provost & Convenor of the licencesing committee is more bothered about the mayor of Nablus,Palestine not being able to visit Dundee !!

if you were so sure they were going to win their plates why did you not pay your saloon plate licence the same time and take your chance on being granted ?? coz u probably were no even in the trade then eh ? as 4 the associations, at least we're trying to challenge issues and make a difference, so stop twittering son and get back in yer converted van....

I hope you agree the same with the self drive hire insurance.

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Grandad,

Very good point but somehow i doubt it

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Legal and proud

Loads a love from BERTIE !!

Edinburgh seem to have a different take on this, so what's the score?
Is it or is it not permissable to transfer a taxi licence in Scotland?

Aberdeen don't allow it, although they have transferred a few licences from deceased holders to sons/daughters/spouses. Is this legal?

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

tx op i did pay for my plate along with about 20 others, right after 203020 winning their case the council brought in the wav rule which we had to accept because the rule was changed before our applications were put before the comittee,in a couple of years time i will be celebrating 20 years as a dundee cabbie,the dundee taxi association never taclked any of the important issues regarding dundee taxis,hired plates for one, and they were no match for 203020 either, the now abandoned dundee wheelchair association was a different kettle of fish,in its short life it tackled 203020 ,coucillors, and put a lot of pressure on the comitee in a very short time

Re-use of a company name after liquidation

The law restricts the re-use of a name previously used by a company that has gone into liquidation (section 216 of The Insolvency Act 1986). This restriction applies personally to a director of the company in liquidation. The name which can't be used is known as the "prohibited name".

What is a prohibited name?

A prohibited name is a name by which the liquidated company was known at any time in the 12 months immediately before the liquidation: whether this is its registered name at Companies House, or its trading name, or any name so similar to its registered or trading name as to suggest an association with the liquidated company.

Who is restricted?

The restriction applies to a person who was registered as a director or acted as a director of the company in liquidation at any time during the 12 months immediately before the liquidation.

What is the restriction?

For 5 years from the date of liquidation, you are not permitted to be a director of or take part in the promotion, formation or management of a limited company that is using a prohibited name. In addition you may not be concerned in or take any part in carrying on a business that is using a prohibited name if the business is not a limited company (for example, if it is a partnership or sole trader).

What is an example of a prohibited name?

Say the company in liquidation was registered at Companies House as ABC Limited and it used the trading name XYZ, then the following would apply:

The registered name ABC Limited or XYZ Limited would be prohibited.

The trading name ABC or XYZ would be prohibited.

The trading name ABC or XYZ used by an unincorporated business (such as a sole trader or partnership) would be prohibited.

If a company or business had a registered name or trading name so similar as to suggest an association with ABC or XYZ, the name would be prohibited.

Exceptions

There are three exceptions to the restrictions on the re-use of a prohibited name.

First exception: Sale of business

You may use the name if you are a director of a successor company if it buys the whole,or substantially the whole, of the business of the company in liquidation from the liquidator. If this happens, the successor company must notify the creditors of the liquidated company of the sale within 28 days of its completion. The notice to the creditors must state the name of the liquidated company, the circumstances in which the successor company acquired the business, the name of the successor company and details of any name change that is to be filed at Companies House. The notice should also state the name of any director of the liquidated company, giving details of the nature and duration of the directorship, if he or she is expected to be a director of the successor company or involved in its management.

Second exception: Immediate application to court for permission

You can get permission from the court to use the prohibited name. You should apply to the court within 7 days of the liquidation. If you apply within that time, you may carry on using the prohibited name for 6 weeks from the date of the liquidation or until the court decides whether to grant you permission, whichever is the earlier. It is important that your application is heard within the six weeks; otherwise the restriction will again apply to you.

The court can grant permission at any time during the five years that a name is prohibited, but it cannot retrospectively authorise use of a prohibited name for any time during the period before it gave permission.

If a company has gone into compulsory liquidation (i.e. your company in liquidation was wound up in the court and was dealt with by the official receiver), you should apply for permission to the same court that made the winding-up order. If a company has gone into voluntary liquidation, you should apply for permission to any county court in the area where the company traded, as long as that county court has the jurisdiction to wind up companies. If you apply to the court for permission to use a prohibited name, you should send a copy of your application to Hotline and S216(3) Applications Team, 5th Floor, Ladywood House, 45/6 Stephenson Street, Birmingham B2 4UP. This is because the court may call on the liquidator, or any former liquidator, to report the circumstances in which the liquidated company became insolvent, and the extent (if any) of your responsibility for the insolvency.

Third exception: Previous use of name by another company or business

The restriction on the re-use of a prohibited name does not apply to you if you are a director of another company that has used a prohibited name continuously for 12 months up to the date of the liquidation of the liquidated company. In these specific circumstances your use of a name would not be prohibited, even though the name was also used by the liquidated company. However, your company must have been actively trading during the whole of the 12 months up to the date of the liquidation of the liquidated company, and must have used the name during the whole of that period. If your company was dormant (not actively trading) during any part of the 12 months or used the name during only part of the period, then the restriction will apply and you will not be allowed to re-use the prohibited name, without the permission of the court.

Penalties

If you contravene section 216 of the Act, you are committing a criminal offence. You may be prosecuted by the Department of Trade and Industry and could go to prison if you are convicted. In addition, under section 217 of the Act you could be made personally liable for the debts incurred during the time that you were involved in managing a business using a prohibited name, even if it was a limited company. This could happen whether you are prosecuted under section 216 or not.
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The problem is that the licenses can't be transferred, because the legislation doesn't allow it.

What the council could have done is to issue new plates, but they knew that if they issued 71 new saloon plates while the last couple of hundred have been to WAV-only then it would look very bad.

The company already got the 71 saloon plates after all the other new plates had been issued to WAVs, and that was because they had made the application before the council changed to a WAV-only policy, but the application ended up in the courts and it was only finally sorted out once the WAVs were hitting the streets, but the company got saloons because that was the policy in place when they initially applied for them.

The council had no choice at that point, because of the court case, but in theory they could now issue new saloon plates, but as I said that's probably more about politics, and I suppose legally it could be argued that they shouldn't depart from their WAV rule.

The company has in effect been issued with new plates as per what should have happened, but on condition that they are WAVs.

In the Courier on Wednesday Mr Thoreson of the wheelchair taxi association pointed out that the company did run a fleet of WAVs for a while, but dumped them in favour of Skoda Octavias once they got the saloon plates.

I don't work in Dundee, but Mr Thoresen of the wheelchair taxi association was quoted in the Courier on Wedensday.

I'm pretty sure it was him who set it up, because his name is pretty memorable?

Neither Edinburgh nor Aberdeen will transfer plates; what they do is issue a new one in place of the old one.

Some councils confine this to widows and family members etc, but in others any Tom, Dick or Harry will do, as long as they hand over the dosh to the seller

Hence this part of the 1982 act would have to be adheared to?
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6) Subject to subsection (5) above, the holder of a taxi or private hire car licence shall within 28 days of his selling or otherwise disposing of the vehicle to which the licence relates deliver to the licensing authority the licence and any licence plate or other thing which has been issued by the licensing authority for the purpose of indicating that the vehicle is a taxi or, as the case may be, private hire car, and if without reasonable excuse fails to do so that licence holder shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £500.
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Its hard to get away from the fact that the council should have been notified even if a transfer of business assets took place.

28 days to deliver the plates to the council if the vehicle is sold is quite explicit.

Regards

JD

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203020 called a staff metting last thursday in the marquee,davie young anounced they were putting on 71 private hire plates,its going to be tough for his drivers going from a hack plate to private hire