Taxi Driver Online :: View topic - Jailed Man Claims Lincoln PH Driver Faked Injury

The rate 2 fare for the same journey in a Hackney Carriage in Lincoln would be £4 not £6. So, did the driver overcharge? The distance involved is about half a mile. Why do I feel there may well have been a misscarriage of justice?

Having got to the bottom of this incident, it appears that the passenger did phone for the private hire vehicle but he thought that being told the fare would be six pounds halfway through the journey and before he had reached his destination, was a rip off. The police said when they arrived that the driver had red markings on his face which would no doubt go some way in substantiating the accusation that the driver had been punched.

The judge believed the private hire drivers story over the passenger.

The rest is history but at least we shed some more light on the incident.

Regards

JD

If he lied about the fare, why should his evidence be given any credence?

District Judge Tim Gascoyne jailed Walster, of Hermit Street, Lincoln, for 90 days for assault by beating and 10 days for two breaches of a community order, to run consecutively

The distance from Christophers to Hermit Street is 6/10ths of one mile.

I just clocked it at rate two at £4:00

Another PH Company just quoted £4:70

The driver almost certainly overcharged.

All PH tariffs MUST be registered at city hall.

If he lied about the fare, why should his evidence be given any credence?

I wonder what those were about?

There seem to be a few unanswered questions here.

Do we know if he stopped off on the way home - kebab/cashpoint or whatever?

Were there witnesses to the incident?

What was the defendant's behavior like when the police turned up?

At the end of the day it was a case of who the bench believed.

All PH tariffs MUST be registered at city hall.

jimbo wrote:

All PH tariffs MUST be registered at city hall.

Sorry to interject, but which part of which act says that?

I spoke to a member of the Licencing section today, and was told that it is a condition of licence for all PH operators to lodge a fare table with them. That is what I was told. I could not give a flying fridge whether or not it is in any act or not. That is what the Council require.

Author:	Cybro [ Tue Jan 29, 2008 6:10 am ]
Post subject:	Jailed Man Claims Lincoln PH Driver Faked Injury
26 January 2008 Jailed Chef Claims Assault Victim Faked Injury An out of work chef who claimed a taxi driver took a football-style dive and made up an assault allegation, has been jailed. District Judge Tim Gascoyne heard Ben Walster punched County Cars driver Anwar Tumi inside his taxi. The incident took place in Lincoln on June 10 last year after a dispute over a fare. But giving evidence, Walster said he had no physical contact with the driver and that Mr Anwar had faked a facial injury, holding his face and complaining to the police he had been punched. The court heard the pair had argued over a fare from Christopher's pub in Newland, Lincoln, to Hermit Street - five minutes away. During the journey Mr Tumi said that as the trip was after midnight, it would cost £6. The judge heard Walster was aggressive and swore as he refused to accept this, offering to pay £3. Mr Anwar said Walster had punched him inside the taxi. Mr Walster (22), a former head chef at the Royal William in Brayford Wharf, Lincoln, agreed that a dispute had taken place, but denied the racial slur and hitting Mr Anwar. District Judge Tim Gascoyne jailed Walster, of Hermit Street, Lincoln, for 90 days for assault by beating and 10 days for two breaches of a community order, to run consecutively. Source: Lincolnshire Echo

Author:	jimbo [ Tue Jan 29, 2008 10:16 am ]
Post subject:
The rate 2 fare for the same journey in a Hackney Carriage in Lincoln would be £4 not £6. So, did the driver overcharge? The distance involved is about half a mile. Why do I feel there may well have been a misscarriage of justice?

Author:	JD [ Tue Jan 29, 2008 10:48 am ]
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jimbo wrote: The rate 2 fare for the same journey in a Hackney Carriage in Lincoln would be £4 not £6. So, did the driver overcharge? The distance involved is about half a mile. Why do I feel there may well have been a misscarriage of justice? I was wondering if the job had been pre booked? If it wasn't then the passenger had no need to pay the fare. However he was sent to prison for the assault and not for non payment. The passenger may well be right and he thought he was the victim of the crime of overcharging it will be interesting to read if this private hire firm have a different tariff after midnight? Regards JD

Author:	JD [ Tue Jan 29, 2008 11:28 am ]
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If you get down that way in the next few days Jimbo do us a favour and clock the fare and mileage from the pub to Hermit street. It appears the private hire firm in question doesn't have a set fare tarrif and it charges what it wants. Regards JD

Author:	JD [ Tue Jan 29, 2008 1:51 pm ]
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Having got to the bottom of this incident, it appears that the passenger did phone for the private hire vehicle but he thought that being told the fare would be six pounds halfway through the journey and before he had reached his destination, was a rip off. The police said when they arrived that the driver had red markings on his face which would no doubt go some way in substantiating the accusation that the driver had been punched. The judge believed the private hire drivers story over the passenger. The rest is history but at least we shed some more light on the incident. Regards JD

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Author:	jimbo [ Tue Jan 29, 2008 2:20 pm ]
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JD wrote: Having got to the bottom of this incident, it appears that the passenger did phone for the private hire vehicle but he thought that being told the fare would be six pounds halfway through the journey and before he had reached his destination, was a rip off. The police said when they arrived that the driver had red markings on his face which would no doubt go some way in substantiating the accusation that the driver had been punched. The judge believed the private hire drivers story over the passenger. The rest is history but at least we shed some more light on the incident. Regards JD The distance from Christophers to Hermit Street is 6/10ths of one mile. I just clocked it at rate two at £4:00 Another PH Company just quoted £4:70 The driver almost certainly overcharged. All PH tariffs MUST be registered at city hall. If he lied about the fare, why should his evidence be given any credence?

Author:	gusmac [ Tue Jan 29, 2008 2:46 pm ]
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jimbo wrote: If he lied about the fare, why should his evidence be given any credence? He should simply have refused to pay the fare and let the driver justify the price if he called the police. It's hardly an excuse for violence. It doesn't seem like Mr Walster's first brush with the law either, does it? Quote: District Judge Tim Gascoyne jailed Walster, of Hermit Street, Lincoln, for 90 days for assault by beating and 10 days for two breaches of a community order, to run consecutively I wonder what those were about? There seem to be a few unanswered questions here. Do we know if he stopped off on the way home - kebab/cashpoint or whatever? Were there witnesses to the incident? What was the defendant's behavior like when the police turned up? There may be more to this than we have so far heard.

Author:	JD [ Tue Jan 29, 2008 2:52 pm ]
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jimbo wrote: The distance from Christophers to Hermit Street is 6/10ths of one mile. I just clocked it at rate two at £4:00 Another PH Company just quoted £4:70 The driver almost certainly overcharged. All PH tariffs MUST be registered at city hall. If he lied about the fare, why should his evidence be given any credence? Well that's the way I looked at it but the passenger didn't help his cause by trying to run away. Which is not mentioned in the article. At the end of the day it came down to who the district judge and magistrates believed. The passenger had been drinking and I suppose that doesn't help matters either. Regards JD

Author:	JD [ Tue Jan 29, 2008 3:12 pm ]
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gusmac wrote: I wonder what those were about? He was in breach of one or two orders. Probably in respect of behaving himself. Quote: There seem to be a few unanswered questions here. Do we know if he stopped off on the way home - kebab/cashpoint or whatever? As far as i was informed he never stopped on the way home. Quote: Were there witnesses to the incident? None Quote: What was the defendant's behavior like when the police turned up? As I understand it the police woman tried to help him in court but he ended up calling her a liar, I suppose that didn't go down too well? Anyway I'm satisfied that we probably all know what might have happened and that is the passenger had had a drink, he didn't like paying six pounds for a journey that normally costs him a lot less and there is every possibility that he may have punched the driver. At the end of the day it was a case of who the bench believed. Regards JD

Author:	gusmac [ Tue Jan 29, 2008 3:29 pm ]
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JD wrote: At the end of the day it was a case of who the bench believed. It doesn't sound like he did himself any favours.

Author:	Sussex [ Tue Jan 29, 2008 4:17 pm ]
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jimbo wrote: All PH tariffs MUST be registered at city hall. Sorry to interject, but which part of which act says that?

Author:	edders23 [ Tue Jan 29, 2008 5:05 pm ]
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it is standard practise with most councils in Lincolnshire ours also requires that all tables of fares are preregistered with the council both hackney and PH

Author:	JD [ Tue Jan 29, 2008 6:05 pm ]
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Unless a meter is fitted in a private hire vehicle there is no requirement in law for the fares of any private hire company to be registered. Regards JD

Author:	jimbo [ Tue Jan 29, 2008 7:09 pm ]
Post subject:
Sussex wrote: jimbo wrote: All PH tariffs MUST be registered at city hall. Sorry to interject, but which part of which act says that? I spoke to a member of the Licencing section today, and was told that it is a condition of licence for all PH operators to lodge a fare table with them. That is what I was told. I could not give a flying fridge whether or not it is in any act or not. That is what the Council require.

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Author:	TDO [ Tue Jan 29, 2008 7:13 pm ]
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jimbo wrote: I spoke to a member of the Licencing section today, and was told that it is a condition of licence for all PH operators to lodge a fare table with them. That is what I was told. I could not give a flying fridge whether or not it is in any act or not. That is what the Council require. Your prejudice is showing through amply here jimbo - you show contempt for the law here, yet when you deem a driver to be overcharging by a pound or so then you think that's sufficient to call into question his evidence re an assault.