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 Post subject: badge renewals dundee
PostPosted: Fri Mar 14, 2008 2:51 pm 
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I wonder how many badges will be renewed this May in Dundee when everyone has to have a tax reference number ?
Too many people taking a slice of the pie !
TIME TO WEED THE SCUM OUT !!
=D> =; =D> =; =D> =; =D> =; =D>


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PostPosted: Fri Mar 14, 2008 3:05 pm 
I've spoke to a number of Part-Time drivers on rank and each of them informed me they have no intention of renewing their badges..i feel an old kinks classic coming on...." The taxman's taking all my dough.." :D
Think it's time for all the " Missing in Action " Operator's to get back behind the wheel and recoup the " soon to be missed " Drivers earnings..So get ready lads for a face from the past pulling along-side you and asking..." Where's the High Street again mate ? " #-o


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PostPosted: Fri Mar 14, 2008 7:04 pm 
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The Dawg wrote:
I wonder how many badges will be renewed this May in Dundee when everyone has to have a tax reference number ?
Too many people taking a slice of the pie !
TIME TO WEED THE SCUM OUT !!
=D> =; =D> =; =D> =; =D> =; =D>

I really think this is a good move, but I'm still not sure it's legal. But hey ho. :D

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PostPosted: Fri Mar 14, 2008 7:07 pm 
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The Dawg wrote:
I wonder how many badges will be renewed this May in Dundee when everyone has to have a tax reference number ?


The condition would be illegal in England and Wales. I haven't studied the 1982 act in that respect so it might well be illegal in Scotland.

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JD

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PostPosted: Fri Mar 14, 2008 7:18 pm 
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JD how is this condition illegal, when the council cannot be seen to be aiding and abetting drivers and owners breaking the law by not paying there tax
I think it should be introduced nationwide and it may get ride of a few undesirables, and any part timers that have full time employment in other sectors
I am sure you would not like to work 50 to 70 hours a week and pay your tax, and have drivers just skimming for the sake of it getting of Scott free from the tax system
I fully agree with Dundee council doing this, and handing the tax man all the details of who is licenced and they should be applauded for doing so


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PostPosted: Fri Mar 14, 2008 7:20 pm 
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skippy41 wrote:
JD how is this condition illegal, when the council cannot be seen to be aiding and abetting drivers and owners breaking the law by not paying there tax.

My view is that it's got f*** all to do with the licensing process as to what one's tax number is.

Councils can only do what the law says it can, not what they think is a good idea.

All that said, well done to them for having the front to do it. =D>

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PostPosted: Fri Mar 14, 2008 7:41 pm 
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skippy41 wrote:
JD how is this condition illegal, when the council cannot be seen to be aiding and abetting drivers and owners breaking the law by not paying there tax
I think it should be introduced nationwide and it may get ride of a few undesirables, and any part timers that have full time employment in other sectors
I am sure you would not like to work 50 to 70 hours a week and pay your tax, and have drivers just skimming for the sake of it getting of Scott free from the tax system
I fully agree with Dundee council doing this, and handing the tax man all the details of who is licenced and they should be applauded for doing so


"I'm not saying I disagree with the sentiment", I'm offering an opinion as to how I believe the law stands. What would you rather me do, not offer an opinion as to the legality of the condition or agree with something that I believe could well be illegal?

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JD

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PostPosted: Fri Mar 14, 2008 7:54 pm 
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JD wrote:
skippy41 wrote:
JD how is this condition illegal, when the council cannot be seen to be aiding and abetting drivers and owners breaking the law by not paying there tax
I think it should be introduced nationwide and it may get ride of a few undesirables, and any part timers that have full time employment in other sectors
I am sure you would not like to work 50 to 70 hours a week and pay your tax, and have drivers just skimming for the sake of it getting of Scott free from the tax system
I fully agree with Dundee council doing this, and handing the tax man all the details of who is licenced and they should be applauded for doing so


"I'm not saying I disagree with the sentiment", I'm offering an opinion as to how I believe the law stands. What would you rather me do, not offer an opinion as to the legality of the condition or agree with something that I believe could well be illegal?

Regards

JD


JD I am not disagreeing with you, I should have put it like this
Why is it considered an illegal condition, in England and wales when a council could possibly have it as a condition of licence
Sorry for the confusing first reply


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PostPosted: Sat Mar 15, 2008 7:57 am 
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skippy41 wrote:
JD I am not disagreeing with you, I should have put it like this Why is it considered an illegal condition, in England and wales when a council could possibly have it as a condition of licence
Sorry for the confusing first reply


There is no provision in English or Scottish law relating to Taxi licensing, that gives a council the power to exclude the unemployed or any other category of persons who might not at present be employed from either renewing a drivers badge or obtaining one. If Dundee or any other council ever tried to implement such a condition then I doubt it would last very long. I'm surprised that Dundee's legal department think they can get away with such an unlawful condition.

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JD

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 Post subject:
PostPosted: Sat Mar 15, 2008 12:12 pm 
J.D. The implementation of Tax Reference numbers and National Insurance Numbers to be submitted on all Plate renewal and Badge renewal forms was actually a request from the Trade Associations ! After discussing this at liasion meetings with DDC's legal department, it was decided to use such a method in order to slow down applications for both badges and plates as. DDC were fearful of legal action if they regulated numbers within the Trade.


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 Post subject:
PostPosted: Sat Mar 15, 2008 1:15 pm 
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Just because both sides agree on something doesn't mean that it is legal to do it.

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 Post subject:
PostPosted: Sat Mar 15, 2008 2:43 pm 
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tx_op wrote:
J.D. The implementation of Tax Reference numbers and National Insurance Numbers to be submitted on all Plate renewal and Badge renewal forms was actually a request from the Trade Associations ! After discussing this at liasion meetings with DDC's legal department, it was decided to use such a method in order to slow down applications for both badges and plates as. DDC were fearful of legal action if they regulated numbers within the Trade.


I suspected the idea probably came from the trade but even though the idea is inviting it is certainly not legal.

You may as well say, "lets restrict national driving licenses to only the employed"?

What happens when a housewife wants to obtain a license in order to drive her husbands Taxi for the purpose of pleasure? Or their son of 21 who just happens to be a student?

What about those drivers who lose their job and become unemployed will they be allowed to renew their badges or will they have to reapply?

Like I said, I have thought about this many times in the past and put practically every scenario into the melting pot and I still come back to the same conclusion and that is, "without specific legislation it cannot be done and even then it is debatable if it could be done because it wouldn't pass the human rights or equality legislative hurdles which are getting stronger year on year.

I fully understand your sentiments but from my point of view I can only look as far as that which is lawful. I suppose that's a good thing because otherwise you might not get the other side of the argument?

If Dundee council have agreed to this condition and their legal department has put their seal of approval on it then I can only draw the conclusion that both the legal department and councillors are not fully conversant with the law or they think they can do a Carlisle and change national legislation by the back door.

Regards

JD

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 Post subject:
PostPosted: Sat Mar 15, 2008 3:18 pm 
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Where's the illegality?

Presumably the applicant will fill out an application form Name, Address, and tax reference number?

Has the council stated it wont issue a license?

Presumably the revenue will have a look at the list of licensee's.

CC

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 Post subject:
PostPosted: Sat Mar 15, 2008 3:46 pm 
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The revenue can already look at the list of licensed badge holders. It is a public register.

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 Post subject:
PostPosted: Sat Mar 15, 2008 3:53 pm 
Both The Inland Revenue and Department Of Works & Pensions have access to all renewal applications for Plates/Badges. Surely,in time, this wiil rid the Trade of freeloaders, NO ???


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