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PostPosted: Wed Dec 22, 2010 4:12 pm 
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Following an alleged incident in Drumsheugh Gardens this morning, Cab Inspector Frank Smith spoke to Garry Thomsom - aka the Skull - and drew his attention to this alleged incident.

Smith told the Skull that a complaint had been made about his driving and invited the Skull to attend the Taxi Examination Centre to discuss the matter with him.

The Skull advised Smith that he does not respond to frivolous, malicious, unfounded, unsubstantiated allegations and therefore he would be declining Smith's "invitation".

Smith then intimated to the Skull that in that case he would have no alternative but to place the matter before the council.

The Skull's response was, "Go for it, son".

Having stated his position, the action he is going to take - presumably to cite the Skull as not being a "fit and proper" person to hold a taxi driver's licence - and the fact that this has now been made public on this forum, Cab Inspector Frank Smith has no option other than to follow through on his threat.

If he fails to do so, then he will have shown himself to have flouted the process he is bound to follow and his resignation should therefore be tendered immediately. (In any case a formal complaint about his conduct is already being prepared to go before the Chief Constable.)

On the basis that he does follow through with his complaint as he should, and it arrives at the council, in order to preserve the "integrity" of the process they adhere to, then they must follow through with it, and process it like every other complaint made to them.

Quality. To quote the Old Testament, "Manna from Heaven!"

Frank, you may well just have given us the best possible Christmas present.

A Merry Christmas to you Frank :wink:

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Cab Inspector Smith, "Yes."
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Smith, "And ... What rights?"


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PostPosted: Wed Dec 22, 2010 5:02 pm 
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Following an alleged incident in Drumsheugh Gardens this morning


What alleged incident?

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PostPosted: Wed Dec 22, 2010 7:16 pm 
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Sounds like Gary is in the poop.

CC

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PostPosted: Wed Dec 22, 2010 7:22 pm 
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Jasbar wrote:
Following an alleged incident in Drumsheugh Gardens this morning, Cab Inspector Frank Smith spoke to Garry Thomsom - aka the Skull - and drew his attention to this alleged incident.

Smith told the Skull that a complaint had been made about his driving and invited the Skull to attend the Taxi Examination Centre to discuss the matter with him.

The Skull advised Smith that he does not respond to frivolous, malicious, unfounded, unsubstantiated allegations and therefore he would be declining Smith's "invitation".

Smith then intimated to the Skull that in that case he would have no alternative but to place the matter before the council.

The Skull's response was, "Go for it, son".



http://www.legislation.gov.uk/ukpga/1988/32/section/2?view=plain

Admissibility of hearsay.

S.(1)In any civil proceedings—.

(a)evidence shall not be excluded solely on the ground that it is hearsay;.

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PostPosted: Wed Dec 22, 2010 7:24 pm 
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christ, if a complaint about ones driving is that serious im in deep doodoo


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PostPosted: Wed Dec 22, 2010 7:40 pm 
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captain cab wrote:
Sounds like Gary is in the poop.

CC


There's a long road to go yet CC. :wink:


Incidentally, you should want this alleged incident to go in my favour, for the good of the trade. :)

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PostPosted: Wed Dec 22, 2010 7:50 pm 
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Have you been driving on the pavements again :lol: :lol:


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PostPosted: Wed Dec 22, 2010 7:53 pm 
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Every piece of information concerning this matter will be published on the internet for all to see. The whole process, every step of the way, will be put on view for public scrutiny. :wink:

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PostPosted: Wed Dec 22, 2010 7:56 pm 
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toots wrote:
Quote:
Following an alleged incident in Drumsheugh Gardens this morning


What alleged incident?


I don't know and that's the truth. As far as Frank is concerned it has something to do with my driving, whatever that means.:roll:

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PostPosted: Wed Dec 22, 2010 7:57 pm 
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skippy41 wrote:
Have you been driving on the pavements again :lol: :lol:



Not that I can remember. :lol:

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PostPosted: Wed Dec 22, 2010 7:59 pm 
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captain cab wrote:
Jasbar wrote:
Following an alleged incident in Drumsheugh Gardens this morning, Cab Inspector Frank Smith spoke to Garry Thomsom - aka the Skull - and drew his attention to this alleged incident.

Smith told the Skull that a complaint had been made about his driving and invited the Skull to attend the Taxi Examination Centre to discuss the matter with him.

The Skull advised Smith that he does not respond to frivolous, malicious, unfounded, unsubstantiated allegations and therefore he would be declining Smith's "invitation".

Smith then intimated to the Skull that in that case he would have no alternative but to place the matter before the council.

The Skull's response was, "Go for it, son".



http://www.legislation.gov.uk/ukpga/1988/32/section/2?view=plain

Admissibility of hearsay.

S.(1)In any civil proceedings—.

(a)evidence shall not be excluded solely on the ground that it is hearsay;.



I have rights to CC. :-|

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PostPosted: Wed Dec 22, 2010 8:07 pm 
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Skull wrote:
http://www.legislation.gov.uk/ukpga/1988/32/section/2?view=plain

Admissibility of hearsay.

S.(1)In any civil proceedings—.

(a)evidence shall not be excluded solely on the ground that it is hearsay;.



I have rights to CC. :-|[/quote]

Yes you do Gary, I was pointing our that hearsay evidence is admissible, but didn't know Scottish law.

The general rule of thumb in England in the case of cab drivers is more or less guilty until proven innocent.....due to hearsay and the civil burden of proof requirement with taxi licenses.

There is case-law, but I was unsure about Scotland.

CC

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PostPosted: Wed Dec 22, 2010 9:37 pm 
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captain cab wrote:
Skull wrote:
http://www.legislation.gov.uk/ukpga/1988/32/section/2?view=plain

Admissibility of hearsay.

S.(1)In any civil proceedings—.

(a)evidence shall not be excluded solely on the ground that it is hearsay;.



I have rights to CC. :-|


Yes you do Gary, I was pointing our that hearsay evidence is admissible, but didn't know Scottish law.

The general rule of thumb in England in the case of cab drivers is more or less guilty until proven innocent.....due to hearsay and the civil burden of proof requirement with taxi licenses.

There is case-law, but I was unsure about Scotland.

CC[/quote]

It appears the situation under the CGSA, is the same in Scotland, at least at the council level. And I fully expect the council to abuse the process in order to suspend my licence. The appeals process should be very interesting. :)

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PostPosted: Wed Dec 22, 2010 10:42 pm 
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Here's one for you CC.

The Cab Inspector phones asking me to attend an interview because of an alleged incident. I respond by stating that I do not speak to frivolous, malicious, unfounded, unsubstantiated allegations, and therefore, I would be declining his offer. He then threatens me by saying that, if I don't attend his official interview and speak to this allegation, he will put me up in front of the council.

Should a Police Inspector be threatening cabbies with the council in an attempt to coerce them into an interview they have already declined?


:-|

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PostPosted: Wed Dec 22, 2010 10:48 pm 
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Skull wrote:
Here's one for you CC.

The Cab Inspector phones asking me to attend an interview because of an alleged incident. I respond by stating that I do not speak to frivolous, malicious, unfounded, unsubstantiated allegations, and therefore, I would be declining his offer. He then threatens me by saying that, if I don't attend his official interview and speak to this allegation, he will put me up in front of the council.

Should a Police Inspector be threatening cabbies with the council in an attempt to coerce them into an interview they have already declined?


:-|


I'm not sure, in England a similar thing would be for a licensing officer to call a driver in respect of an interview pertaining to a complaint made.

The interview would be conducted under pace.

If a driver refuses to attend the interview the driver could possibly expect immediate suspension.......certainly in the case of certain licensing officers.

The next step in Englnad would be for the LO to interview the person who made the complaint.

Then the licensing officer would present a report to the licensing committee, who would then request the driver attend an interview.

If the driver refused the hearing it would happen anyway.

Based on the evidence the driver could be suspended, or have his license revoked.

CC

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