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PostPosted: Fri Jul 29, 2005 2:15 pm 
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Found this on the Fastblacks site. The Sheriff seems to have been at a different court case from the the Skull!! And I wonder who the "unfit person is?"

http://www.scotcourts.gov.uk/opinions/B17005.html

It seems the Council have complied with the law according to legal opinion.


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PostPosted: Fri Jul 29, 2005 4:20 pm 
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Well I haven't had time to read the full case yet, but since it's stated that the surveys are manipulated, is there any point :?

When the Taxi Licensing Officer is known to be conducting a stance survey the taxi trade communicate by radio to ensure that the stances are serviced with the appropriate number of taxis. :^o

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PostPosted: Fri Jul 29, 2005 5:00 pm 
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Like I said before the target was to get the plates, now our focus has changed in light of the Court Case. Guess what, now we are going flat out for de-restriction.

I can see this is going to come as a shock, but our merry little band is growing in number. There appears to be a lot of other drivers out there who don’t want to see the Ph increasing and don’t want to be denied a licence plate or being forced to pay £45,000 for the privilege of buying their own job.

Let’s not forget there are 110 on the Interested Parties List and the 35 current applicants who have already applied.

Mark my words, the longer this goes on the worse it gets and then there is no going back from the brink.


You will see a lot more happening in the next few weeks. Keep your eyes on the papers.
:wink: :wink:


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PostPosted: Fri Jul 29, 2005 6:09 pm 
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Sirius wrote:
A conspiracy eh :lol: what about the street cars, do they get the messages by telepathy?


Who said anything about the street cars? The point was that the circuit taxis were conspiring to make the survey results misleading.

It doesn't matter if the street cars weren't part of this, or the numbers involved, but I suspect that the circuit taxis in Edinburgh vastly outnumber the street cars anyway?

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PostPosted: Fri Jul 29, 2005 6:09 pm 
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RealCabforce wrote:
Found this on the Fastblacks site. The Sheriff seems to have been at a different court case from the the Skull!! And I wonder who the "unfit person is?"

http://www.scotcourts.gov.uk/opinions/B17005.html

It seems the Council have complied with the law according to legal opinion.

It would be very interesting to find out what the view of the decision is from Mr Skulls legal team.

I think the lady sheriff has got it wrong, when you compare this case with Dundee. :shock:

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PostPosted: Sat Jul 30, 2005 3:09 am 
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Well I can't be bothered reading the minutiae of these cases (best leave that to JD :badgrin: ) but I think the essence of the case was that it differed from Dundee because in Dundee the council made the mistake of determining the application, thus once they had done that they had to show that demand had been assessed at the time of determination, and that couldn't be done retrospectively.

However, from CEC's perspective it did the right thing by not determining the application, and moreover asked for an extension until determination, by which time an independent survey would have been completed which would of course provide the definitive word on the subject, since it clearly didn't take a lot to persuade the sheriff on certain matters (see below).

Thus what could catch CEC out in future could be if an application could be submitted on a regular basis, because on the basis of Coyle and Dundee they would have to have a credible assessment of demand done regularly, but as Halcrow said to Dundee CC that just wouldn't be practical.

But of course, to an extent CEC deter this by way of the £700 application fee, which I'm surprised they get away with - what other LA asks this kind of money to apply for a taxi license?

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PostPosted: Sat Jul 30, 2005 3:18 am 
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Quote:
There is no procedure whereby a taxi licence may be transferred from one individual to another. A taxi licence may be held by a corporate body or partnership.


A bit of an oversimplification there - an individual just has to hand in the plate, get a new one handed out in the name of a corporate body or partnership and, voila, the transfer is effected.

That's economic substance over legal form :roll:

Quote:
Evidence to suggest that there is a market for the "sale" of taxi licences seemed to me to be, at best, unreliable and irrelevant.


Irrelevant from the narrow legal perspective perhaps, but to deny the market in plates is being disingenuous, surely.

Quote:
The report on the survey of demand is not the only matter outstanding. The Respondents have not provided in their applications details of the vehicles which they propose to operate as taxis. It is clear from the provisions of section 10(2) that a licence cannot be granted unless the Licensing Authority are satisfied that the vehicles are suitable for use as taxis and that there are in force policies of insurance relating to them. While an applicant may be reluctant to incur the expense of purchasing and insuring a vehicle before receiving an indication that his application will be successful a final decision in relation to the application requires to be made within six months of the application being lodged. If within that period no details of the proposed vehicle are provided then the Licensing Authority cannot be satisfied in terms of section 10(2) and the application may be refused on that basis.


So effectively that's saying that you have to have a vehicle or you can't apply for a license? So you have to have a PB taxi sitting on your doorstep doing jack for six months before you can even think about taking them on? Unbelievable.

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PostPosted: Sat Jul 30, 2005 3:34 am 
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yes the whole thing is a complete farce.
but it aint over by a long shot you only need to read this pile o [edited by admin] to see that
:shock:and it wouldnt be six months it would be over a year we applied in nov 2004.this sherriff mackie has no common sense methinks :roll:


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PostPosted: Sat Jul 30, 2005 4:05 am 
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:lol: :lol:


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PostPosted: Sat Jul 30, 2005 4:06 am 
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RealCabforce wrote:
Found this on the Fastblacks site. The Sheriff seems to have been at a different court case from the the Skull!! And I wonder who the "unfit person is?"

http://www.scotcourts.gov.uk/opinions/B17005.html

It seems the Council have complied with the law according to legal opinion.

no no no nob end
if you read it right (or better still wait till everyone has explained it to you ,i know youre a bit slow with these things)
in this sherrifs opinion, wait till it goes higher up then we,ll see.
and yes little boy it was mr thomson.sheeshh so what! according to the council we can all be deemed not fit and proper, just look at my case in particular.it could and probably will happen to you.
do you think no one knows these incidents you keep harping on about(hardly since we drew attention to them via our site).
and surely you dont believe we are gonna cowar away with embarressment :lol:
if anything its the council who should be embarrassed .we are here to stay and we are growing stronger on a daiy basis.
trust me if you didnt like round one youd best switch off,as the rest of the fights gonna be a whole lot bloodier :twisted: :twisted: :twisted:


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PostPosted: Sat Jul 30, 2005 4:12 am 
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RealCabforce wrote:
Found this on the Fastblacks site. The Sheriff seems to have been at a different court case from the the Skull!! And I wonder who the "unfit person is?"

http://www.scotcourts.gov.uk/opinions/B17005.html

It seems the Council have complied with the law according to legal opinion.

oh and why would you need to read it i thought you were at the court case.
or was that one of youre other charcters :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:


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PostPosted: Sat Jul 30, 2005 6:00 am 
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ALI T wrote:
RealCabforce wrote:
Found this on the Fastblacks site. The Sheriff seems to have been at a different court case from the the Skull!! And I wonder who the "unfit person is?"

http://www.scotcourts.gov.uk/opinions/B17005.html

It seems the Council have complied with the law according to legal opinion.

oh and why would you need to read it i thought you were at the court case.
or was that one of youre other charcters :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:


Attending a court case does not make one privy to the Sheriff's opinion, saddo! :roll: :roll:
The rest of it is over your head again! :lol: :lol:


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PostPosted: Sat Jul 30, 2005 6:05 am 
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ALI T wrote:
RealCabforce wrote:
Found this on the Fastblacks site. The Sheriff seems to have been at a different court case from the the Skull!! And I wonder who the "unfit person is?"

http://www.scotcourts.gov.uk/opinions/B17005.html

It seems the Council have complied with the law according to legal opinion.

no no no nob end
if you read it right (or better still wait till everyone has explained it to you ,i know youre a bit slow with these things)
in this sherrifs opinion, wait till it goes higher up then we,ll see.
and yes little boy it was mr thomson.sheeshh so what! according to the council we can all be deemed not fit and proper, just look at my case in particular.it could and probably will happen to you.
do you think no one knows these incidents you keep harping on about(hardly since we drew attention to them via our site).
and surely you dont believe we are gonna cowar away with embarressment :lol:
if anything its the council who should be embarrassed .we are here to stay and we are growing stronger on a daiy basis.
trust me if you didnt like round one youd best switch off,as the rest of the fights gonna be a whole lot bloodier :twisted: :twisted: :twisted:


Try reading it again - this time with your specs on!! :roll: :roll:

The really sad thing about this whole thing is that because you lost, you now reveal the true agenda - one of revenge. Getting plates and all the other bull was just a smokescreen.
Go crawl back under your stone you pathetic little creature.


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PostPosted: Sat Jul 30, 2005 7:01 am 
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:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: I will need to come back later when I stop laughing, WHAT AN ABSOLUTE BUNCH OF MUPPETS!!! and there was us almost taking you lot seriously. :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

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PostPosted: Sat Jul 30, 2005 12:53 pm 
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sirius wrote
"Conspiring to make the survey results misleading Shock , quite a strong allegation when you think about it deeply, is there proof of this?"

thier is little that the council supplied in the way of proof in this case.
however as this piece of information was supplied by the taxi licencing officer
peter lang.i find it hard to dissagree with him :lol: :lol: :lol:


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