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PostPosted: Wed Feb 18, 2015 10:32 am 
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Minicab driver who allegedly received sexual favours on journey has licence appeal dismissed


A minicab driver, who is alleged to have received sexual favours from a woman during a journey in Birchwood, has failed in an attempt to get his licence back.

Mike Ainsworth, aged 50, of Foxley Heath, Widnes, appeared at Chester Crown Court on Friday following Warrington Borough Council's decision to revoke his Hackney Carriage and Private Hire licence during a hearing at Halton Magistrates' Court on May 30 last year.

The incident took place on Saturday, October 5 2013, when Mr Ainsworth picked the woman up from her home in Fearnhead to take her to the nearby Co-Op store.

The court heard how after driving her back home shortly after, he was informed she had no money to pay the fare of around £6.

Mr Ainsworth agreed to return later and did so between 10.30pm and 11.30pm to collect the money but was asked to drive her to an ATM machine so that she could withdraw cash.

He did so, but the journey was not booked, and so was not insured.

It was on the way to the BP service station where the woman grabbed him 'at the top of the thigh' and suggested sexual favours to pay him but Mr Ainsworth, who pushed away her advances, told the court he believed this was 'banter'.

After arriving at the station, the woman told him she could not use the cash machine but she remained in the front of the vehicle.

Once the journey resumed onto Birchwood Way, the court was told how the woman put her right hand down Mr Ainsworth's trousers, which were a size too big and had a top button missing to provide 'comfort' during long shifts.

Mr Ainsworth has denied the claims he received sexual favours and his barrister, Huw Edwards, pointed to the woman's inability to 'refute' Mr Ainsworth's view when she attended Runcorn Police Station on October 9 2013, believing she had been sexually assaulted.

"I tried to push her away but I was driving at 50mph, I was not going slow this time and had a car beside me and behind me," said Ainsworth.

"The underwear that I wear is stretchy and easy to get into.

"I stopped the vehicle on Fearnhead Lane after being on Birchwood Way and was just in shock.

"She became increasingly upset, I tried to calm her down and felt sorry for her but I just wanted to get rid of her."

Prosecuting, Malcolm Hope, strongly questioned whether Mr Ainsworth was a 'fit and proper' taxi driver and claimed a 'trust between a taxi driver and client' had been breached.

"This was a Saturday night - a busy night for taxi drivers and the journey was longer than the initial £6 fare," he said.

Recorder Andrew Long, believed that Mr Ainsworth did not return to the home in the hope of obtaining sexual favours but was critical of his refusal to ask the woman to go into the back of the vehicle or exit.

"I believe that he failed to establish himself as a fit and proper person," he said.

"He has been a taxi driver for nearly 20 years but now has to find a different job."

Ainsworth was order to pay £1800 to the council and £250 in court costs.

source: http://www.warringtonguardian.co.uk/news/11800471._/

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PostPosted: Thu Feb 19, 2015 1:46 am 
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A driver can agree to a further journey from an existing passenger without a further booking; how on earth is the vehicle uninsured? This sort of untruth has to be put right.

I don't have much sympathy for the driver but FFS, get the facts right.

If you get a booking to take someone from A to B then they decide to go to C that is in effect another booking. They may want you to return later to take them back later; is that another booking or part of the original booking? I suggest case law says I am right.


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PostPosted: Thu Feb 19, 2015 11:57 pm 
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roythebus wrote:
A driver can agree to a further journey from an existing passenger without a further booking; how on earth is the vehicle uninsured? This sort of untruth has to be put right.

I think once dropped, the customer is then an ex customer and needs to book again.

I think in the instance at hand if the driver said he wasn't charging her for the new ride, just trying to get his money for the original one, then he would be ok, IMO.

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