Taxi Driver Online :: View topic - Police Caution / Civil recovery / Loss of licence

It still would have flagged up at the last renewal

Meaning the last cab inspector let it go probaly because it was so old and not worth bothering about

Which makes you wonder why insp. smith has dragged it up.

Simply just to let you know who is boss, hope he sleeps better knowing the hassle, cost and stress his little excersise has cost you.

The devil makes work for idle hands

I dont think any conviction is spent when your a taxi driver ? They can drag up what they want if they choose !

If you have completed the Enhanced Disclosure then you should receive back a copy detailing all convictions? My understanding is that this form is completed using the Police details held on the applicant? If there are no details on this form of say e.g. ' a Breach of the Peace' 35 years ago then is it safe to say that this is not held on the Police file therefore why would you have to declare it on a licence application?

Jinky wrote:

Because you are asked to. If you don't put it on and for some reason it does come to light later, you could lose your licence.

blackpool wrote:

I dont think any conviction is spent when your a taxi driver ? They can drag up what they want if they choose !

Yep they sure do.

Are you being sarcastic ?

......sarcasm would tell me to type No, No though :wink:

Author:	Jasbar [ Mon Jan 10, 2011 1:04 am ]
Post subject:	Police Caution / Civil recovery / Loss of licence
Heard a disturbing programme on Radio tonite. Just caught the tail end but it set me thinking. Case in hand was shoplifting where rather than prosecuting police issued a Police Caution. One condition of this is admission of guilt. The cops must have a reasonable prospect of prosecuting to issue a caution. Alleged offenders are required to admit guilt to receive a caution. Such caution is held on record and may be referred to if a similar offence occurs. The seduction is that a caution removes the prospect of criminal proceedings, the alleged offender may well believe that is the end of the matter. However, in the circumstance referred to, retailers can use the caution as admission of guilt to pursue civil recovery of compensation for the goods "stolen". The key is that retailers then hand the case over to recovery agents who pursue the individual, racking up costs and expenses as they do so. These fees, because guilt has already been admitted and legally established through the police caution, are "legitimately charged" and ultimately have to be paid. The relevance to cabbies is that a police caution, although initially appealing, may not necessarily be the end of the matter. And where we know we have a cab inspector ready to make complaint against licence hoilders, the likelihood is that our licence would be in jeopardy. The nub of it is, if offered the option of a police caution, for any alleged offence, shouldn't we resist it and force the cops to refer the matter for prosecution? Accept the caution. guilt is admitted and legally established, and our licence is in jeopardy. We are defo stiffed. This council will take our livelihood away in a heartbeat by rescinding the licence. There are any number of cases proving this. RC coucnillors will laugh as they do this - Madame Defarge is a paragon of compassion compared with Cllr Keir's gang. Refuse the caution, a prosecution ensues and we have two potential outcomes - guilt or innocence established. Defence of any allegation can be mounted on two bases. First, the elements of the case. Even though a caution requires a prosecutable case, doesn't it seem certain that if you were "bang to rights" you wouldn't be offered a caution option in the first place? Particularly where cabbies are concerned. So, the case obviously isn't rock solid and well worth defending. Alternatively, even if the elements were "precarious", then there may be many opportunities to defend any action because of failures in the process - inappropriate or incompetent action by investigating cops (not unusual), Prosecutorial inefficiency incompetence (overworked), or even flawed witness statements/testimony, if they even turn up (as often happens). In short, accept the caution and your licence will be gone, if you don't you may well prevail, licence saved because even this cab inspector can't complain that you are not "fit and proper" to hold a licence if the courts have acquitted you or failed to convict you for any procedural reason. In short, NEVER accept a police caution, always be civil - give "name, rank and serial number" - and say NOWT. Don't blurt out information in the mistaken belief that you are with "friends". Anything you say WILL be used against you. That's how the cops operate. They are NOT on your side and they will use their Tulliallan training to deceive you into giving up information thet will use against you. In such circumstancs, on a scale of 1 - 10, you can trust cops -1,000,000. I know this through experience. The cop dealing with me LIED. He was lucky the case was deserted. Because he would have been exposed. References:- http://en.wikipedia.org/wiki/Civil_recovery http://en.wikipedia.org/wiki/Police_caution

Author:	citievictor [ Mon Jan 10, 2011 8:03 pm ]
Post subject:
Spoke to a driver last year who was refused his brief renewal bacause he had been admonished for an alleged offence 20 odd years previous. He never declared it on his applications over the years thinking he had been basically let off,nothing could be further from the truth,makes you wonder how they just discovered it lately. Anyway he eventually got his licence renewed after a few weeks a few hundred quid (LAWYERS FEES) and the scum council playing god for a while, they made him sweat ! C***S !!!! http://en.wikipedia.org/wiki/Admonition

Author:	blackpool [ Mon Jan 10, 2011 8:23 pm ]
Post subject:
I dont think any conviction is spent when your a taxi driver ? They can drag up what they want if they choose !

Author:	sunset [ Mon Jan 10, 2011 9:10 pm ]
Post subject:
It still would have flagged up at the last renewal Meaning the last cab inspector let it go probaly because it was so old and not worth bothering about Which makes you wonder why insp. smith has dragged it up. Simply just to let you know who is boss, hope he sleeps better knowing the hassle, cost and stress his little excersise has cost you. The devil makes work for idle hands

Author:	Skull [ Tue Jan 11, 2011 12:41 am ]
Post subject:
sunset wrote: It still would have flagged up at the last renewal Meaning the last cab inspector let it go probaly because it was so old and not worth bothering about Which makes you wonder why insp. smith has dragged it up. Simply just to let you know who is boss, hope he sleeps better knowing the hassle, cost and stress his little excersise has cost you. The devil makes work for idle hands Agent Smith, is a dick. This is tulliallan policing at its best, and in most circumstances, its procedures that give them, power. Lothian and Borders is where sad [edited by admin] go to pretend they are someone. What is power, I hear you say? Power is control, therefore. What is, control? Control is the ability to predict and anticipate future events and to take the necessary actions for a favourable outcome. Think about it feckits? It's all about ticking boxes and following. You guessed it, procedures. However, what if Frank doesn't have a box to tick? I know. He makes threats like, “if you don't comply, I will have you up before the council”. Well, Frank, what are you waiting for, prck? I think it's time for you to retire FRANK, job well done, a stalwart of society, no less. Does anyone still believe in this [edited by admin]? What, you mean you don't feel safe?

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Author:	Jasbar [ Tue Jan 11, 2011 3:08 am ]
Post subject:
Dearie me Skull, why don't you just say what you REALLY think I don't think we're taking cab inspector Smith seriously. We're not according him his real status. After all, following a complaint about the Chief Constable, who was assigned to investigate said complaint? Why, no other than our supercop, our erstwhile agent Smith. It's gotta be the mother of all complaints processes when the lord of the manor is investigated by one with the comparative status of an illiterate serf. (Isn't someone taking the pash here thinking that we're falling for this shecht? Never mind, I'm sure the bewildered herd will be fooled.) Doesn't Smith therefore have to be one important dude, SKULL? He was charged with no less than making a serious complaint against the Chief Constable go away. Skull you've got to give agent Smith his status. BTW What was the complaint against the Chief Constable? Oh yes, I remember. It was that his officers did nothing to protect cabbies from those who would steal from them by fare dodging. That he changed the procedures to say that any fare dodger who had cash on him didn't mean to steal and that therefore it was a "civil matter". Such criminals were not thieves, just misguided individuals who were only rousting cabbies, and who wants to spend police resources and court time to protect cabbies from thieves? Well, the complaint clearly pointed out to the Chief Constable that times were hard. Cabbies were already up against it. The economic pressure was on. It was only a matter of time before some cabby would take the law into his/her own hand because he knew the cops wouldn't. That the law wouldn't protect him. Well, don't you know, a cabbie did. And he's now in jail. Had the Chief Constable laid down ground rules as he was reasonably asked to, he may well have saved this guy from going to jail. I cite that the Chief Constable is just as responsible for what happened to the victim here, the cabby, because of his intransigennce, and deviousness in refusing to address a problem intimated to him by manipulating a flawed process to deflect the issue and sending in the clown Smith to salve the process. I say that the Chief Constable is a SCUMBAG. I suspect the miscreant doing 11 months jail time should be reflecting on this as we speak. Never mind agent Smith. He's a leg end in his own cab office, and that of the Chief Constable. But this just proves that the cops are scum. They're not to be trusted. Be polite - say nowt. BTW SKULL. Agent Smith is the bogey man who say's he's gonna bite you. He threatened you (When you've got cops who need gangsters? ) that he was going to refer you to the council following a frivolous, unsubstantiated, uncorroborated and malicious complaint. Where is it? Is petey boy cranking up his typewriter as we speak? Must be another Royal Mail delivery problem. Shouldn't the cabby and the thief both be sueing the ass off the Chief Constable for his incompetence?

Author:	Nidge [ Tue Jan 11, 2011 6:03 am ]
Post subject:
blackpool wrote: I dont think any conviction is spent when your a taxi driver ? They can drag up what they want if they choose ! Yep they sure do.

Author:	Jinky [ Tue Jan 11, 2011 7:31 am ]
Post subject:	Enhanced Disclosure
If you have completed the Enhanced Disclosure then you should receive back a copy detailing all convictions? My understanding is that this form is completed using the Police details held on the applicant? If there are no details on this form of say e.g. ' a Breach of the Peace' 35 years ago then is it safe to say that this is not held on the Police file therefore why would you have to declare it on a licence application?

Author:	grandad [ Tue Jan 11, 2011 8:16 am ]
Post subject:	Re: Enhanced Disclosure
Jinky wrote: If you have completed the Enhanced Disclosure then you should receive back a copy detailing all convictions? My understanding is that this form is completed using the Police details held on the applicant? If there are no details on this form of say e.g. ' a Breach of the Peace' 35 years ago then is it safe to say that this is not held on the Police file therefore why would you have to declare it on a licence application? Because you are asked to. If you don't put it on and for some reason it does come to light later, you could lose your licence.

Author:	toots [ Tue Jan 11, 2011 8:09 pm ]
Post subject:	Re: Enhanced Disclosure
grandad wrote: Jinky wrote: If you have completed the Enhanced Disclosure then you should receive back a copy detailing all convictions? My understanding is that this form is completed using the Police details held on the applicant? If there are no details on this form of say e.g. ' a Breach of the Peace' 35 years ago then is it safe to say that this is not held on the Police file therefore why would you have to declare it on a licence application? Because you are asked to. If you don't put it on and for some reason it does come to light later, you could lose your licence. I know that a driver here didn't declare something from 30 years ago and has had 3 clear CRB checks and it has never shown up, CRB check No 4 it did

Author:	captain cab [ Tue Jan 11, 2011 10:19 pm ]
Post subject:
Midlander wrote: blackpool wrote: I dont think any conviction is spent when your a taxi driver ? They can drag up what they want if they choose ! Yep they sure do. I like that answer in so many differnt ways CC

Author:	blackpool [ Tue Jan 11, 2011 10:32 pm ]
Post subject:
Are you being sarcastic ?

Author:	blackpool [ Tue Jan 11, 2011 10:33 pm ]
Post subject:
Are you being sarcastic ?

Author:	captain cab [ Tue Jan 11, 2011 10:34 pm ]
Post subject:
blackpool wrote: Are you being sarcastic ? No I', not......sarcasm would tell me to type No, No though

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Author:	gusmac [ Tue Jan 11, 2011 10:42 pm ]
Post subject:
captain cab wrote: ......sarcasm would tell me to type No, No though .........not the comfy chair........