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York council to seek own legal advice on QC's Uber opinion
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Author:  StuartW [ Thu Nov 29, 2018 5:50 pm ]
Post subject:  York council to seek own legal advice on QC's Uber opinion
Would have posted this in the other recent thread on this, but it went badly off topic...

York council chiefs seek legal advice over taxi trade's Uber concerns

https://www.yorkpress.co.uk/news/172620 ... -concerns/

TAXI bosses in York say they have received an "incredibly positive" response from council chiefs who are dealing with their concerns over Uber’s operations in the city.

And City of York Council says it will now consider the issue with its legal advisors.

York Private Hire Association commissioned a report from Gerald Gouriet QC - a barrister who specialises in licensing issues in England and Wales - following years of complaints by local drivers against Uber and its drivers.

Last December, City of York Council refused to renew the operators’ licence held by Uber in the city, but the report said “the refusal appears to have made little or no difference”.

In his legal opinion, Mr Gouriet QC wrote: “I am strongly of the opinion that Uber and Uber drivers are acting as unlicensed operators.

“Uber vehicles and drivers continue to present themselves in York and invite potential customers to book their services on their smartphones. Uber encourages and incentivises drivers to do so. The result is that out-of-town private hire drivers and vehicles not meeting York’s licensing requirements, are undertaking PHV (private hire vehicle) bookings on the city’s streets.”

Wendy Loveday, chair of the York Private Hire Association, was among local representatives who met with members of City of York Council’s licensing team on Monday to discuss the report, and said she was pleased with the response.

She said: “The council is dealing with it in an incredibly positive manner and I feel they are 100 per cent behind the York trade.

"I didn’t come out of that meeting with the slightest doubt that they were not acting in a professional manner and for us.

“We’re looking forward to what the council will do. We’re completely optimistic on the council’s attitude towards it [the report]."

A York council spokesman confirmed the authority met with representatives from York’s taxi trade “to discuss the recent QC report”, and the council would “now consider this information with our legal advisors”.

The spokesman said further details on this would be released in the coming weeks.

Uber was contacted for comment.
Author:  Sussex [ Thu Nov 29, 2018 10:06 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
Quote:
And City of York Council says it will now consider the issue with its legal advisors.

My experience is that, generally, elected officials are supportive of the trade in respect of the way Uber use non local vehicles.

The problem is often wishy washy legal departments who haven't got the balls to fight for the local trade.
Author:  StuartW [ Tue Feb 12, 2019 8:53 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
Not much new here other than a ginormous photo and that the independent legal advice on the QC's opinion will be delivered to the council this week.


Taxi drivers call for ‘toxic, unregulated’ Uber to be banished from York

https://www.yorkmix.com/news/taxi-drive ... from-york/

Taxi drivers have urged the council to act over Uber drivers working in York.

The licensing committee discussed the legal position around Uber’s operations in the city at a meeting on Monday (11 February).

Mike Palmer, secretary of York Private Hire Association, told councillors at the meeting: "The cab trade you regulate are being sidelined to favour a toxic company which is out to make our business an unqualified, minimum-wage, unregulated mess.

"Our public should be able to get into a well-maintained car which is clean and tidy, driven by a well-mannered and safe driver who knows the routes to take in York.

"This should be a matter of pride. Uber need banishing from our city."

Legal battle

In December 2017 City of York Council voted not to renew Uber’s licence in York. But Uber drivers licensed elsewhere still operate in the city.

The council’s current position means that if a private hire vehicle’s three licences – operator, vehicle and driver – have all been issued by the same authority then the driver can undertake journeys anywhere in the country, regardless of when the fare starts or ends.

But York taxi bosses commissioned a legal opinion from Gerald Gouriet QC – a barrister who specialises in licensing issues in England and Wales – which argues that out-of-town vehicles and their drivers are illegally operating in York.

Council officers said it is important to stress that this alternative view has not been tested in the courts and they have sought independent legal guidance.

The committee is expected to receive the legal advice at the end of this week and will discuss it at a meeting in March.
Author:  StuartW [ Thu Nov 19, 2020 12:16 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
Quote:
The council’s current position means that if a private hire vehicle’s three licences – operator, vehicle and driver – have all been issued by the same authority then the driver can undertake journeys anywhere in the country, regardless of when the fare starts or ends.

:roll: :lol: :-s 8-[ =;

Quote:
But York taxi bosses commissioned a legal opinion from Gerald Gouriet QC – a barrister who specialises in licensing issues in England and Wales – which argues that out-of-town vehicles and their drivers are illegally operating in York.

:roll: :lol: :-s 8-[ =;
Author:  edders23 [ Thu Nov 19, 2020 3:59 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
I suspect that the advice will be very cautious. Uber are getting to be very good at winning in court councils challenge them at their peril.

The real issue might come when the majority of licensed vehicles operating in York are not locally licensed and that day is coming judging by the stories we read !
Author:  StuartW [ Thu Nov 19, 2020 4:46 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
Edders wrote:
I suspect that the advice will be very cautious. Uber are getting to be very good at winning in court councils challenge them at their peril.

I'm wondering if York council is challenging this firm because it's low hanging fruit rather than a Wall-street funded multinational.

But obviously the firm isn't taking this lying down. Maybe council has bitten off more than it can chew :-k
Author:  Sussex [ Thu Nov 19, 2020 5:44 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
What a mess?

[-(
Author:  edders23 [ Sun Nov 22, 2020 7:09 pm ]
Post subject:  Re: York council to seek own legal advice on QC's Uber opini
Sussex wrote:
What a mess?

[-(



and it can only get messier !
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