Taxi Driver Online

Quite right, but isn't it nice to see people challenging council decisions, instead of simply taking it up the rear.

This might explain why it is so complicated. Am I right in thinking that it would take another Act of Parliament to overturn the Plymouth City Council Act 1975?



3.8.10 Taxis and Private Hire Vehicles
The City Council recognises the strategic worth of a vibrant taxi and private hire vehicle (PHV) industry within Plymouth. It has taken a pro-active stance to the licensed trades as reflected in the fact that Plymouth was one of the only authorities to get its own Act of Parliament (Plymouth City Council Act 1975) to regulate the industry.
This was subsequently adapted by the government of the day to give a national taxi/PHV framework as evidenced by Part 2 of the Local Government (Miscellaneous Provisions ) Act 1976.
Overarching objectives relating to taxis and private hire vehicles (PHVs) within the City of Plymouth are:

To ensure that taxis and PHVs offer a safe mode of transport by continuing routine and spot checks (OG)
To continue the existing City Council policy of ensuring that taxis offer an accessible mode of transport for the mobility impaired, as may be amended by the requirements of the Disability Discrimination Act requirements relating to taxis, when that guidance becomes available (OG)
To ensure that there are sufficient taxi ranks, correctly located according to public demand, subject to any local restrictions or considerations (OG)
To integrate taxis and PHVs into the public transport framework (e.g. as in the currently permitted use of bus lanes and the St Budeaux taxibus service) (OG)
To keep under review the current Hackney vehicle limit of 359 (as confirmed by the recent Maunsell report) (OG)
To allocate locations for taxi ranks and bus stands in relation to passenger use to maximise effectiveness of public transport services (OG)
To seek to implement the other recommendations of the Maunsell report (5)
Resolve issue of cost allocations through Best Value review process (5)
To review, in the light of the anticipated DDA guidance, the suitability of new vehicle types (e.g. People Mover type vehicles) for licensing within the City (EXT)

Yes it would, as it would take another act of parliament to do the same through-out the UK.

Unless they put it through a Regulatory Reform Act, which would still need the government to ok it, but not take forever.

I think.

Alex

Dunno lets ask steveo, but watch this space 26/11/03

If this taxibus is charging separate fares, then how exactly is it operating on a "Free" trial period.

If its non-profit making, is it a Community Car Scheme (Requiring a Section 19 Licence)?

Methinks Mr Preece does have a rather good point. Has he actually taken it to Court?

PS. If the subsidy is less than £70,000, it does not need to go out to competitive tender.

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There is Significant Unmet Demand for my Opinion.

I only ever go to the office once a week to pay the rent, so i've only met him once or twice, so cant really give you an opinion. although if you asked some drivers from other companies you'd think he was the spawn of satan or something!

i guess if you want to be the biggests taxi company in the south west your going to have to step on a few heads on the way up and not take crap from anyone. although from what i have been told you wouldn't want to get on his bad side

i work for a company that gives me a good wage and he owns it. just like any other job in any business sector, your better off just keeping your head down and getting on with earning the money, follow the rules and you got nothing to worry about.

whats happening on the 26th? or is a it a big secret?

Interesting words used in this thread

'mr Preece employes 300 odd people'

Steveo saying 'I work for a company that gives me a good wage'.

Bet that isn't how it is described to the VAT man and Inland Revenue?

http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=99746&command=displayContent&sourceNode=98877&contentPK=8300743

LEGAL CHIEF IN BID TO SHUT TAXI FIRM


11:32 - 29 December 2003

Plymouth City Council's legal chief says he will be taking steps to shut down Silverline taxis after a court upheld a decision not to renew the operating licence of its director.

David Shepperd, the city's acting head of legal services, said he would now go back to councillors to decide what action could be taken.

But he said he would advise councillors to consider 'terminating the operations' of Silverline.

Mr Shepperd said he had concerns about public safety because insurance companies might not pay out in the event of an accident, as the licence of director Lawrence Brown had not been renewed.

Mr Shepperd said he was pleased with a court decision last Tuesday which upheld the city council's decision and ordered the firm to pay the city council £12,500 in legal costs.

"This is a complete vindication of the council's decision not to grant Mr Brown an operator's licence. The court has found, as did the council, that the business is owned and run by Mr Les Palmer and Mr Brown is an unconvincing front man.

"I'm taking instructions with a view to terminating the operation of Silverline Taxis, as it's a sham business."

Mr Shepperd said he would go back to councillors after the Christmas break and, depending on their views, would then give the firm a 'reasonable' time to cease operating.

The issue has become a long-running battle between Plymouth City Council and Silverline.

Last week District Judge Paul Farmer upheld a city council decision not to renew an operator's licence for Lawrence Brown, a director of Silverline Taxis.

Mr Brown was appealing against the city council's decision, made in April this year, not to renew the licences of himself and fellow-director Peter Langmead.

The licensing committee decided the pair were acting as front men for Leslie Palmer, the former owner of Silverline, who lost his operator's licence in 1997 when the council decided he was not a 'fit and proper' person to run a taxi firm.

Mr Brown bought Silverline from Mr Palmer in 1997 with a £50,000 loan from a trust company, of which Mr Palmer was a trustee.

In turning down the appeal, Mr Farmer said he had found conclusive evidence that Mr Brown had not been in control of the Silverline operation 'for a number of years' and that 'that had been Mr Palmer'.

After the hearing, Mr Brown's solicitor said they would now appeal against Mr Farmer's decision, either through the Crown court or divisional court, and that meanwhile Silverline could still operate its taxi business.

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and so it drags on......

steveo

Indeed it does.

Tell me, why don't just some of the drivers take over the operators license?

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IDFIMH

and so the end is near.....

http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=98912&command=displayContent&sourceNode=98821&contentPK=8487509

TAXI FIRM TOLD TO GET OFF THE ROAD

STUART ABEL

12:00 - 14 January 2004

Passengers who use an unlicensed Plymouth taxi firm were today warned that they may not be insured in the event of an accident.

Drivers at Silverline have been warned by the city council that they have two weeks to get off the road.

Forty-two registered Silverline cabbies have been told that they could have their private hire licence suspended or revoked if they carry on working.

The council said that their drivers' public liability insurance cover is invalid after Silverline director Lawrence Brown failed to overturn a decision to refuse him an operator's licence.

But Silverline itself claims that it can still legally operate until a further appeal to a crown or divisional court.

All private hire drivers, whatever their licensed status, must work for a licensed operator under the law.

The council has asked drivers to send in their badges or prove they are working for another operator.

Head of environment regulation service Les Netherton said in a letter to all Silverline drivers that if involved in an accident they could face private prosecution from an injured passenger or third party - and end up paying compensation from their own pockets.

A council spokesman added: "We are extremely concerned that anyone who travels in an unlicensed vehicle would not be covered in the event of an accident. This could also affect third parties. In the interests of public safety, we are asking Silverline drivers to return their licences and badges."

The warning comes after a district judge refused to uphold an appeal by Mr Brown against the council's refusal to grant him an operator's licence just before Christmas.

The council found that Mr Brown was unfit to hold a licence and was in any case acting as a frontman for previous Silverline owner Les Palmer, who was himself deemed as not a 'fit and proper person' to hold a licence.

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but it looks like someone is looking to gain from it....

http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=98912&command=displayContent&sourceNode=98821&contentPK=8405643

TAXI FIRM IS TAKING ON MORE DRIVERS

12:00 - 08 January 2004

A plymouth taxi firm is to take on an extra 21 drivers this year as it expands. AA Taxis, based in Albert Road, Devonport, employs 39 drivers, but is planning to increase this to 60 drivers by the summer.

The firm has also bought a six-seater taxi to help develop the business.

AA Taxis was bought in June 2002 by Richard Alford and his son, also called Richard, and since then has been going from strength to strength.

"Our main priority is the customer," said manager Andrew Harris. "We don't want to be a monopoly service; we want to be reliable and not to overstretch ourselves, instead of taking on bookings we can't supply."

About 90 per cent of the firm's business comes from individual fares, with 10 per cent coming from contracts.

Mr Harris said he was aware of rumours circulating in the city that the business was about to be bought out by a rival operator, but insisted this was incorrect.

"We have no intention of selling; the business is not for sale, but everywhere I go I hear these rumours that it's about to be sold and I would like to quash them," added Mr Harris.

Why don't the existing drivers on the firm, just go and get their own operator's license.

Or just one of them take over the existing license. They can still use the same base, perhaps rented out to them by the existing owners.

Or perhaps they are waiting for the top courts to act, but to me it's quite a simple issue to address.

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IDFIMH

i think thats what happened before.

update:

http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=98912&command=displayContent&sourceNode=98821&contentPK=8495893

SILVERLINE IN THREAT TO SUE COUNCIL

STUART ABEL

12:00 - 15 January 2004

An unlicensed Plymouth taxi company is to take legal action to stop the city council banning its drivers from the road. Silverline has also asked the authority to pay it compensation for the loss of business it has suffered since licensing chiefs told cabbies to surrender their badges.

The company, which does not have an operator's licence following a bitter three-year legal wrangle, said that five drivers have left and others were threatening to follow.

City council environment chief Les Netherton last week wrote to 42 Silverline drivers giving them two weeks to return their private hire licences or prove they were working for someone else. He warned that their insurances were invalid as they were not working for a valid operator.

The letter came after a district judge turned down an appeal against the council's decision to refuse Silverline director Lawrence Brown an operator's licence.

The company's solicitor has now given the city council 48 hours to retract the letters sent to his drivers.

Michael Hayman also called on David Shepperd, the city's acting head of legal services, to retract an interview he gave to the Evening Herald saying that the authority would move to close down the business.

But the council today refused to back down, saying it would fight any legal action.

Silverline is to seek an injunction to stop the council taking action against its drivers so that it can continue trading until the final court hearing.

The company argues that it can run without an operator's licence until all appeals have been exhausted. Silverline has appealed to the crown court to overturn the district judge's decision and grant Mr Brown a permanent licence.

Mr Hayman quoted a letter from the council last year saying that the licensing committee believed it would be against 'natural justice' if the council took action to shut down the company before the appeal process was exhausted. He added that the council, by writing to cabbies, was determined to drive the company out of business. Mr Hayman wrote in a letter to the council: "This is a serious interference with our client's trade, and it may also be a breach of our client's human rights."

He added in a statement: "Urgent action is going to be taken to prevent further damage to our client's business. We anticipate that action will also be taken to claim damages for the losses that have been occasioned by the wholly wrongful adverse publicity Plymouth City Council has sought to generate."

But a council spokesman said: "We are writing to Silverline's solicitors to advise them that any proceedings issued against us will be defended.

"Silverline does not have a licence to operate and not being licenced invalidates any insurance cover. The licensing committee made the decision last week to ask Silverline drivers to return their licences and badges in the interests of public safety."

The council found that Mr Brown was unfit to hold a licence and was in any case acting as a frontman for previous Silverline owner Les Palmer, who was himself deemed as not a 'fit and proper person' to hold a licence.

The council said it had allowed the company to operate for more than six months last year until the appeal before the district judge.

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i think the damage has been done, bookings are bound to be down with all the bad press, and i think the drivers who are jumping ship know more than we ever will.

if the company does not have a licence to operate then surely they dont have a case to argue against?

steveo

a twist in the tale.......

http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=98912&command=displayContent&sourceNode=98821&contentPK=8560237

INJUNCTION AS TAXI FIRM FIGHTS FOR LICENCE


12:00 - 20 January 2004

A judge has ordered Plymouth City Council not to take action against drivers working for an unlicensed taxi company in a dramatic twist to a long-running legal dispute. Lawyers for Silverline say a judge before the administrative court in London has granted an interim injunction to stop licensing bosses threatening or banning cabbies from the road.

The judge has also banned the council from making statements to the media about any action against 42 licensed drivers on the company books.

Silverline expects the interim order to be extended at a full hearing tomorrow until company director Lawrence Brown's final appeal against the refusal of his operator's licence is held.

The council wrote to drivers on Silverline's books asking them to return their licences or prove they worked for someone else.

They were threatened with the suspension or withdrawal of their licences and given until this week to act.

Silverline said that five drivers had left the company and others were threatening to follow.

Company solicitor Michael Hayman said the council was trying to drive the firm out of business before the due legal process was completed.

He argued that it can run without an operator's licence until all appeals have been exhausted. Silverline has appealed to the crown court to overturn a district judge's decision and grant Mr Brown a permanent licence.

Mr Brown had appealed after the city council found he was unfit to hold a licence and was effectively acting as a frontman for previous Silverline owner Les Palmer, who was himself deemed as not a 'fit and proper person' to hold a licence.

But why should the drivers on Siverline have to send back their licenses?

They are issued to the drivers, not the firm.

I would say this will end in tears, but it appears we are well past that bugger.

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IDFIMH