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Bristol taxi boss goes to court
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Author:  captain cab [ Thu Jan 29, 2009 2:00 pm ]
Post subject:  Bristol taxi boss goes to court
Bristol taxi boss goes to court


A taxi boss has taken his fight against a council ban on using all eight passenger seats in his £23,000 minibus back to court.

Paul White, from Yate, bought the Renault Traffic vehicle on the understanding that South Gloucestershire Council's hackney carriage licensing officials would licence it for eight passengers.

But after buying the vehicle officials said he would only be allowed to carry seven paying customers – even though the authority had already given a similar vehicle a licence to carry eight.

Officials said the middle front seat of the taxi was five centimetres too close to the front dashboard – making it too cramped for passenger comfort.

They also said a cabbie using the gearstick could inadvertently touch a passenger's leg when changing gear, which would not be appropriate.

Mr White said he bought the vehicle when he saw it advertised in a taxi trade magazine as an eight-seater.

Yesterday's hearing at Bristol Crown Court was the fourth in Mr White's battle to win his vehicle a plate for eight people.

His first challenge to South Gloucestershire Council's licensing decision came early last year, when North Avon Magistrates referred the decision up to Bristol Crown Court.

There he won his case and was awarded £10,000 in costs.

But the council still refused to licence the Renault as an eight-seater and Mr White took the case to North Avon Magistrates Court again, but lost.

He is now appealing again and is hoping Judge Jamie Tabor will overturn the ruling by the licensing authority

Sales representative John Bockhoefer, from Jubilee Automotives, told Bristol Crown Court he sold the Renault Traffic to Mr White as an eight-seater.

He said he telephoned the licensing authority, with Mr White alongside him, to get an assurance that it would license the Renault for eight passengers before Mr White agreed to the sale.

He said: "If I sell a vehicle I always contact the licensing authority to make sure it would be fit for purpose. If not the vehicle would not be right for Mr White."

He told the court other Renault taxis had been plated by Bristol, North Somerset, Nuneaton and Shrewsbury licensing authorities.

Paul Chapman, former chairman of South Gloucestershire Taxi Association, said a similar Renault had been plated for eight passengers to a Hanham taxi firm.

He said: "Paul White's vehicle is identical in all measurements to the other vehicle. But the council's measurements were different. They didn't know what they were doing."

South Gloucestershire Council is standing by its decision.

The council will say that despite a European vehicle type approval to carry eight passengers, that does not count for hackney carriage rules because every local authority has different rules.

The case continues.
Author:  Stationtone [ Thu Jan 29, 2009 2:20 pm ]
Post subject: 
do theses councils no there arse from there elbows i think they just make up the rules as they go along .the government should make new guidelines that all councils should adhere to . mind you that would be to sencible for them :)
Author:  wannabeeahack [ Thu Jan 29, 2009 2:37 pm ]
Post subject: 
this is why i elected to NOT swap the single passenger seat in the front of my tourneo for a twin seat, i just dont like the idea.

if i want 8 passengers id buy a 12 seater and take some rear seats out
Author:  Sussex [ Thu Jan 29, 2009 4:44 pm ]
Post subject: 
stationtone wrote:
do theses councils no there arse from there elbows

It would appear not. :sad:
Author:  meltingsmoke [ Thu Jan 29, 2009 4:54 pm ]
Post subject: 
At least you get a choice.

Here all new / replace mutli seaters have to be DDA / WAV.

So the rear seats in a saloon car, ie the middle seat, are not that great
. Might as well plate it as a three seater :lol:
Author:  captain cab [ Thu Jan 29, 2009 4:56 pm ]
Post subject: 
Quote:
His first challenge to South Gloucestershire Council's licensing decision came early last year, when North Avon Magistrates referred the decision up to Bristol Crown Court.

There he won his case and was awarded £10,000 in costs.

But the council still refused to licence the Renault as an eight-seater and Mr White took the case to North Avon Magistrates Court again, but lost.

He is now appealing again and is hoping Judge Jamie Tabor will overturn the ruling by the licensing authority



How....if the Magistrates sent the case to the crown court....and the bloke won.....did the council still refuse and make him go through the process again?

CC
Author:  skippy41 [ Thu Jan 29, 2009 4:58 pm ]
Post subject: 
I wonder if he or his brief ask for a court order forcing them to do it :?:
Author:  Sussex [ Thu Jan 29, 2009 5:00 pm ]
Post subject: 
captain cab wrote:
How....if the Magistrates sent the case to the crown court....and the bloke won.....did the council still refuse and make him go through the process again?

I suspect the judge decided the council lost on a point of law, not the rights or wrongs of the issue.

Hence the council then had to legally determine the application, and then they rejected it again. ](*,)
Author:  skippy41 [ Thu Jan 29, 2009 5:05 pm ]
Post subject: 
Good way to pay the payments on the cab though, i wonder how much he will get next time :D
Author:  Sussex [ Mon Feb 02, 2009 10:19 am ]
Post subject: 
And the lad won. ImageImageImage

Thirty grand bill for dumb ar*e council
Author:  skippy41 [ Mon Feb 02, 2009 12:23 pm ]
Post subject: 
Well thats the cab paid for and the next one :D :D

Could this case be use against other councils that have these daft rules :?: or would the owners have to go through the same rigmarole
Author:  grandad [ Mon Feb 02, 2009 12:40 pm ]
Post subject: 
A South Gloucestershire Council spokesperson said: "While we respect the decision of the court we are considering the judgement.

Could they be about to appeal again?
Author:  skippy41 [ Mon Feb 02, 2009 12:57 pm ]
Post subject: 
I hope the cab owner managed to get a court order this time then they wont be able to appeal
Author:  Sussex [ Mon Feb 02, 2009 1:08 pm ]
Post subject: 
grandad wrote:
Could they be about to appeal again?

They could, but they wont. :D

Geeting the decision past a 'public interest' justification would IMO be a struggle.

Methinks they will crawl back into their offices and work out how much they are going to have to put up fees to pay for their f*** up. :sad:
Author:  JD [ Mon Feb 02, 2009 1:35 pm ]
Post subject: 
Judge Jamie Tabour said: "The council policy on dimentions is flawed and open to interpretation.

"The council's policy needs to be reviewed so that hearings like this can be avoided. It is out of date and not fit for purpose."

Regards

JD
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