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PostPosted: Wed Sep 24, 2008 12:26 am 
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Joined: Sat Jan 08, 2005 1:17 am
Posts: 278
Location: Scotland
That's more or less what the Solicitor said today and the Sergeant at Saint Leonards said he had to pass it to someone else and I would be contacted in a few days.

The guy at Saint Leonards said that most people just pay these fixed penalty notices, but I'm not most people, so will go to Court for trial rather than be subjected to these fixed penalty notices.

The thing is I feel the way these are being used is really tantamount to extortion and in this instance demanding money with menaces, there's an element of blackmail there as well!

I find it incredible that anyone can accept that this is allowed in this Country, in my opinion if the state or agents of the state or any public authority whether that is a pure or hybrid public authority has the power to issue you with a fixed penalty notice there has to be safegaurds in place to protect the Public from out of control rogue officials and officers.

The van the first two were in had the Camera on top, the solicitor informed me he would be very suprised if it was on or working, so would I.


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PostPosted: Wed Sep 24, 2008 1:35 am 
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I would have thought that your passenger would be an excellent witness?

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PostPosted: Wed Sep 24, 2008 2:09 am 
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Location: Scotland
He went away after I was ordered from the cab, just as well really not much point sitting there for nearly half an hour.

More later.


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 Post subject:
PostPosted: Wed Sep 24, 2008 3:08 am 
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Location: edinburgh
stu you should have asked him why he sent the only independant witness away or let him go should i say.
also he will be on cctv on lothian road.
but skulls right weve both been thier several times.
youll get nowere really.
but what do we expect the police investigating the police.
what a joke


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 Post subject:
PostPosted: Wed Sep 24, 2008 3:38 am 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
ALI T wrote:
stu you should have asked him why he sent the only independant witness away or let him go should i say.
also he will be on cctv on lothian road.
but skulls right weve both been thier several times.
youll get nowere really.
but what do we expect the police investigating the police.
what a joke


fraid you haven't done it right, lets see how its really done
http://uk.youtube.com/watch?v=lL4w3d0oK ... re=related


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 Post subject:
PostPosted: Wed Sep 24, 2008 4:20 am 
Here's the reality:

Er, Stu? Did you not know that horns are not to be used between the hours of 11.30pm and 07.00 hrs, except to warn of someone who is in danger of colliding with you? This does not include a petulant toot of the horn at some dozy driver in front.

Sorry mate, but you're bang to rights. What you should have done, because you were in the wrong, is touch forelock, apologise profusely and seek to persuade the officer that it was an error and would never happen again.

Forget the campaign. Put it behind you. Instead, devote your energies to campaigning against a council that takes drivers llivelihoods away for minor infringements of law, outwith the realms of the taxi trade.

BTW Perhaps next time you should just get on the blower to the drunk drivers hotline and shop the pratt for driving erratically, without due care and attention and without consideration for other road users? Wouldn't that be a better way to waste police time and take the heat off their easy target - the taxi trade?


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 Post subject:
PostPosted: Wed Sep 24, 2008 4:20 am 
Stu dogmatically replied.

Well I'll tell you this it won't be for want of trying, totally unacceptable behaviour from a serving Police officer, just an absolute disgrace that anyone has to accept malfeasance of this sort, I can't and won't accept that anyone is entitled to assault a working person, for what?

Nope, I'll have my day in Court thanks, to hell with that unwarranted thuggery.


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 Post subject:
PostPosted: Wed Sep 24, 2008 4:21 am 
Which merits the response.

You didn't read my post did you Stu?

You have no witnesses, you weren't assaulted. Forget the childish spat thing, without witnesses, legally you weren't assaulted. Simple as.

Now forget it. Stop digging a hole for yourself. get on with your life.


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 Post subject: Re: Witnesses Required
PostPosted: Wed Sep 24, 2008 4:24 am 
Sussex wrote:
stu wrote:
I reported the assault at the Saint Leonards Police Station on Sunday morning but so far I've not heard anything, I get the feeling......you know how it works!

If you have reported the officers then their bosses had best look into your complaint.

If not report those bosses to the Scottish PCC http://www.pcc-scotland.org/making-a-complaint.aspx

I can assure you 100% the police will hate a complaint against them. :wink:


No Sussex. With the complaints process designed to minimise the number of complaints, officers know that the police force will do everything it can to whitewash the complaint.

But then, Stu doesn't really have a complaint. I'm surprised that those on this informed site didn't realise this.


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 Post subject:
PostPosted: Wed Sep 24, 2008 4:29 am 
stu wrote:
Will do Captain but I think I have to wait until it goes to Court, since I hadn't done anything wrong really he decided to use the catch all charge of Breach of the Peace because according to him I had a bad attitude!

Apparently the Police will not do anything about an officer that assaults a working person until that person is either found not guilty or guilty of the malicious charges they have given them, well according to the Solicitor I spoke with today anyway.

I received the fixed penalty notice for £40.00 but never signed for it because I never done anything to breach the peace, I have therefore posted the slip to the Clerk of the Sheriff Court where the Procurator Fiscal has to get a Police report of the incident, they then try and get their story right and if they decide to go along with the Malicious charge levelled against me they fix a date at the Sheriff court for the trial.

I don't know if I'll drive a Taxi in Edinburgh again, I doubt it somehow, well done Lothian and Borders Police.

Anyone fancy buying an Edinburgh Plate and a five month old TX4?

I'll keep you posted Captain.


I was told you were psychologiically damaged Stu, this just proves it. You spend £50,000 buying Ali's plate, you realise that the trade is fecked and, as you were advised at the time, you have bought a "pup", and now you propose to use the excuse of a minor spat with the cops, when you were in the wrong, to justify your getting out of the trade?

This is bullshecht. And you know it.

Get over it. Take the £40 hit and get on with your life.


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 Post subject:
PostPosted: Wed Sep 24, 2008 6:40 am 
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To me there are 2 seperate issues here and it would be wrong to try to use one against the other. The fact is that the horn was used out of hours and you have no chance of getting out of that one so just pay the fine. Your complaint against the police is a seperate issue and you can try and persue this as a totally seperate issue. If you decide on your day in court for using your horn you will probably end up with an even bigger fine and possibly points on your license.

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 Post subject:
PostPosted: Wed Sep 24, 2008 9:23 am 
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Joined: Sat Jan 08, 2005 1:17 am
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Location: Scotland
Your posts seem like those of a man on the edge Jim and whats all this digging a hole for myself rubbish, I don't wonder if I'm digging holes for other people really.

The rather strange posts where you decide that I wasn't assaulted or held against my will seem very strange to me, get on with your life and pay the £40.00 extortion money, sorry but that won't be happening, it's a racket in my opinion.

I have chosen to have my not guilty plea heard in the Sheriff Court, the Sheriff and Jury can decide the right and wrongs of the case not you,okay.

As for your stupid and I have to add rather childish little story of me buying a pup etc, well act your age, so far there has been little to complain about really, infact I've done very well.

I'm onto this now though, how sad that everybody jumps on the fact that there are no witnesses though, the presumption is clearly that these things do happen but they get away with it because nobody sees them, superb!


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 Post subject:
PostPosted: Wed Sep 24, 2008 12:41 pm 
stu wrote:
Your posts seem like those of a man on the edge Jim and whats all this digging a hole for myself rubbish, I don't wonder if I'm digging holes for other people really.

The rather strange posts where you decide that I wasn't assaulted or held against my will seem very strange to me, get on with your life and pay the £40.00 extortion money, sorry but that won't be happening, it's a racket in my opinion.

I have chosen to have my not guilty plea heard in the Sheriff Court, the Sheriff and Jury can decide the right and wrongs of the case not you, okay.

As for your stupid and I have to add rather childish little story of me buying a pup etc, well act your age, so far there has been little to complain about really, infact I've done very well.

I'm onto this now though, how sad that everybody jumps on the fact that there are no witnesses though, the presumption is clearly that these things do happen but they get away with it because nobody sees them, superb!


Stu, I'm doing you a favour. I'm trying to help you.

First. No witness, you can't prove you were assaulted. As I said, legally you weren't assaulted.

Second, held against your will? The police have every right to detain you. Stu, they have the power to do so. And I suspect that you acted impetuously, probably belligerently and you got their backs up. Good reason to detain you to "assist with their investigation"?

Third, your case would be dealt with by summary trial. That is - no jury. I'm surprised that with such a scant knowledge of the process you would want to engage with it in the first place. So it's down to how a single Sheriff perceives, and whether he's having a good day, and whether he likes taxi drivers or not, and how he thinks you behaved with the cops protecting his system ...

Fourth, paying the £40 is an easy get out. You lose a small amount of cash and a little pride. But you don't get a criminal record. However, if you persist you may well add a referral to the fascist council's kangaroo court. And we all know there's little point of owning a shiny £50,000 plate, the "pup", if you can't work it.

Finally, the practice in Law is that you have to prove your innocence, even though you're told differently. Because the Sheriff will view you as just another little scrote, a pest trying to buck the process. And when your case doesn't hold up, because you can't substantiate it, you may well find the £40 a bargain.

You used your horn outwith permitted hours, and for a frivolous reason. You attracted the attention of the cops. Your attitude upset them, and did the trade no favours by doing so cos we've now another couple of cops who hate us because of you, and they stiffed you. because they can. End of.

Now grow up. Recognise sound advice when given to you.

And don't abuse your horn again. Next time, given the way you begave, it may well be a case of going straight to jail, do not pass go, do not collect ....


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 Post subject:
PostPosted: Wed Sep 24, 2008 3:40 pm 
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Joined: Sat Jan 08, 2005 1:17 am
Posts: 278
Location: Scotland
Well thanks for the advice, now forget it and get on with your life and I'll get on with mine okay.

Whether somebody chooses to pay the fixed penalty or not is entirely up to them, you have the right to choose.

Are you suggesting that nobody would have seen any of this on Sunday morning at that time on the Queensferry road, I seen plenty of taxis going past.

Why don't you just forget it for just now Jim.


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 Post subject:
PostPosted: Wed Sep 24, 2008 4:11 pm 
stu wrote:
Well thanks for the advice, now forget it and get on with your life and I'll get on with mine okay.

Whether somebody chooses to pay the fixed penalty or not is entirely up to them, you have the right to choose.

Are you suggesting that nobody would have seen any of this on Sunday morning at that time on the Queensferry road, I seen plenty of taxis going past.

Why don't you just forget it for just now Jim.


So your witness may consist of a taxi "going past". A 30 mph blur is going to help you win your case?

Is this what cablag was talking about when he states that there "was a witness"? Once again we're seeing the children who think they're trade luminaries.

Why don't you get QC Douglas Armstrong to lead your case? At least he's experienced in lost causes and damage limitation.



:lol:

Maybe in a couple of days you'll have calmed down enough to reach for your cheque book.

Of course, then it will be your idea to just settle. And your little petulant illusion will be complete. The system will have got you again, but you fought it like a tiger.

:wink:


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