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Dundee HCD loses plate after death and partnership blunder
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=37132
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Author:  StuartW [ Fri Jul 09, 2021 8:16 am ]
Post subject:  Dundee HCD loses plate after death and partnership blunder

The big thing unsaid here of course is that plates are capped, and thus in view of the partnership blunder he can't get another plate.

But the average reader won't be aware of that, so they're not really getting the full picture.


Grieving Dundee cabbie stripped of licence for 16 months after death of father and business partner

https://www.thecourier.co.uk/fp/news/lo ... s-partner/

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Image: Mhairi Edwards/DC Thomson Media

A Dundee cabbie has lost his taxi and risks becoming homeless after his licence was revoked when his father and business partner died.

John Stewart had his operator licence revoked at the start of 2020, following the loss of his dad, also John Stewart.

Following the death, John said he was told by Dundee City Council that he could no longer keep his plates, as his father’s death had dissolved the partnership and rendered his licence invalid.

However, he said he was still in partnership with his daughter, Lori, at the time and therefore should have retained his licence.

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Image: Mhairi Edwards/DC Thomson Media

He said: “Unfortunately, I lost my son in 2018 and then my dad in 2019, both devastating blows that I will never fully recover from.

“In 2020 things got even worse. I was informed by the Dundee City Council licensing department they were taking my taxi plate away due to the fact that my dad, who was a partner, had died.

“I queried this as my daughter became a partner in 2014 and I had informed the licensing department at the time.

“They did not listen.”

‘My livelihood had been taken away’

The decision left John with a brand new seven-seater taxi that he was unable to make the payments on and, after months out of work, the finance company took it away.

After losing his own business he was forced to take a job at another firm which provided him with a replacement car that he must also pay for.

“My head was all over the place,” he said.

“Now my livelihood had been taken from me, leaving me with a £35,000 taxi I could not operate and was unable to sell as it was on finance.

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Image: Mhairi Edwards/DC Thomson Media

“I felt my world crumbling around me.

“On top of all the grief from my son and my dad I had this stress and worry that was making me ill mentally and physically.

“I was facing the prospect of losing my job, my taxi and the family home, which we had just moved into after being newly married, through no fault of my own and other people’s blunders.

“Really I am scunnered by the way they have treated me.

“My dignity had been taken from me and I felt useless.”

Licence returned

After over a year without his licence, John decided to hire a solicitor to contact the council on his behalf.

The licensing committee then offered to return the taxi plates, however the cabbie has now demanded they take responsibility for their actions.

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Image: Mhairi Edwards/DC Thomson Media

He said: “They are trying to sweep it all under the carpet.

“My car has been taken away by the finance company, they have given me a bill of £15,000 and there is the very real prospect that I could lose our home.

“While I would never want anyone to lose their job over this, I do feel someone or some people need to be held accountable.”

Dundee City Council has denied any wrongdoing on their part, saying: “Due process was followed at all times when dealing with Mr Stewart’s case.”

Author:  StuartW [ Fri Jul 09, 2021 8:17 am ]
Post subject:  Re: Dundee HCD loses plate after death and partnership blund

Quote:
After over a year without his licence, John decided to hire a solicitor to contact the council on his behalf.

The licensing committee then offered to return the taxi plates, however the cabbie has now demanded they take responsibility for their actions.[...]

Dundee City Council has denied any wrongdoing on their part, saying: “Due process was followed at all times when dealing with Mr Stewart’s case.”

So if due process was followed, why did the council offer to return the plate(s)?

I suspect it's all just been due to some sort of administrative blunder - either the driver failing to follow the necessary procedures, or the council cocking up the paperwork.

Either way, I suspect the article is missing one or two vital details.

Author:  grandad [ Fri Jul 09, 2021 9:26 am ]
Post subject:  Re: Dundee HCD loses plate after death and partnership blund

When the person who held the operators license for a company here, The rules do say that they need to apply for a change of license holder. Until that was done they were technically running without an operators license but Our Council took the vie that they would allow the company to continue trading for the couple of months that it took to get the new person licensed.

Author:  edders23 [ Fri Jul 09, 2021 11:03 am ]
Post subject:  Re: Dundee HCD loses plate after death and partnership blund

Is there anything in the rules that says a license can't be transferred to a business partner ?

If not this seems a tad strange but then we are dealing with a council and if Dundee is anything like ours then they will have gone to pot on the admin side !

Author:  StuartW [ Fri Jul 09, 2021 11:17 am ]
Post subject:  Re: Dundee HCD loses plate after death and partnership blund

edders23 wrote:
Is there anything in the rules that says a license can't be transferred to a business partner ?

You can't transfer a plate under the Scottish legislation :wink: 8-[ :-#

That's probably the reason this partnership was set up in the first place.

It effectively enables to plate to be transferred without requiring an actual transfer, simply by varying the names of the partners who have an interest.

But if you don't do it properly then things can go belly up, as is obviously the case here.

Other than that, I'm saying nothing :-$

Author:  Sussex [ Fri Jul 09, 2021 7:55 pm ]
Post subject:  Re: Dundee HCD loses plate after death and partnership blund

The council can't give the plate back, which is evidence in itself that they shouldn't have taken it back in the first place.

If the fella's name was on the license, albeit as a partnership, then I'm struggling to understand why the council took it back.

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