streetcars wrote:
JD what do you think . Sorry to bore you with my obsession, Liverpool . What if Plymouth council lose this case . In the 2005 Jacob Liverpool survey ,the rank observations were carried out using a video camera, in fact it was actually vandalised, during the survey. Now if the Plymouth council loose this case. What would happen if some one applied for plates In Liverpool or indeed any area where observations were not carried out covertly . Would the council still be able to use the survey, to prove unmet demand streetcars
I only briefly read through the Liverpool survey, so in order to give you a breakdown of its accuracy I would need to digest it fully.
Until the recent Plymouth case, surveys in the past have never been challenged in depth. The reason for that is because no past applicants have had the resources to conduct their own survey and then produce experts in court to testify that the councils survey is flawed. The fact that past surveys have never been fully challenged does not mean they are not flawed. In order to challenge a survey with any degree of accuracy you need to have a good local knowledge of the area as a whole and how the Taxi system works. You also need a good understanding of past case law and have a reasonable understanding of maths. Perhaps a combination of a taxi driver, a lawyer and mathematician would be perfect. Lol.
In respect of your question about a camera not working in Liverpool, it stands to reason that if a camera wasn't working then the evidence that the camera was supposed to gather could not be included in any report. At least until such time the camera was tested as working. If they did include evidence from the camera in question and you knew the camera they obtained that evidence from was not functioning, it would mean the company had manipulated the visual evidence. However it would be for you to prove the camera wasn't working and I suspect without examining the camera in question you might have a hard time proving that. On the other hand if the camera was not working and the report stated it was not working, then that of course is evidence that they did not survey the area as a whole. Then again you have to take into account the whole complexity of surveying the area as a whole.
The best way to prove a survey wrong is by proving the figures are wrong. Figures cannot lie and if you can prove the survey figures are grossly inaccurate then that alone should be enough to convince the judiciary that the survey is flawed.
I don't know what points the QC in Plymouth has made in respect of the council's survey but I have it on good authority that the council's survey has been rubbished beyond all recognition. However, I have no way of knowing if that observation is correct, therefore I won't subscribe to that theory until such time I see the judgement of the Recorder.
In short, not hiding stance observers from public view in my opinion is not likely to influence a judge's perception on the outcome of a survey. I would be very surprised if he said otherwise, concentrating so much time on that issue in my opinion was unnecessary. Time should have been spent on breaking down the survey by concentrating on matters that were excluded from the survey such as surveying the area as a whole instead of concentrating on just a few city taxi ranks. The time of year the survey was conducted i.e. January, which is the quietest month of the year by up to 50% of reduced taking's. Breaking down the ratio of street and radio hires to that of rank hires. Concentrating on the quality of manpower employed to conduct the survey, which of course they did. I would have also raised the issue of plate premiums and that both the DfT and the Cannock chase judgement stated that demand in a certain place at a certain time must be counted as being unmet demand.
There are many flaws that can be found in surveys because we all know that they are not infallible, it is having the time and knowledge to comb through all the data of a survey report and then compiling your own report to go to war with. You are best placed to do that if you are blessed with a degree of the three elements I mentioned earlier.
The cost of such a challenge in legal terms and consultant terms can be astronomical as will be seen when the costs of this Plymouth case are calculated. I expect this case to shed some new light on surveys but because it is a crown court appeal and the judge has to go on the evidence before him in respect of the application being refused I am leaning towards the judgement going in favour of the council. When it goes to judicial review I fully expect the decision to be reversed and Mr Preece will get his licenses. We have to blame the nature of the legal system in coming to the right decision in a roundabout way. Whatever that decision may be.
It should be remembered that there were many failings on both sides in this contest. First, the council hadn't had a survey for years which made them vulnerable under the law and second the applicant waited far too long before he brought the case to court. The applicant could have got an order of mandamus forcing the council to make a decision on his application this he did not do. The case should have gone to judicial review because that is where it will ultimately end up but all this could have been done and dusted and settled in the applicants favour a long time ago.
Regards
JD