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cabby john
 Post subject: LAs and Compensation?
PostPosted: Sun Feb 28, 2010 11:52 pm 
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We may have already covered this but I cannot remember the advice.

If an L.A calls a driver in to answer a complaint and he/she is not guilty, do the L.A have to compensate the driver for travel time (in some cases a 40 mile round trip) and also for personal time lost. In addition any earnings that may also be lost???

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captain cab
PostPosted: Sun Feb 28, 2010 11:56 pm 
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cabby john wrote:
We may have already covered this but I cannot remember the advice.

If an L.A calls a driver in to answer a complaint and he/she is not guilty, do the L.A have to compensate the driver for travel time (in some cases a 40 mile round trip) and also for personal time lost. In addition any earnings that may also be lost???


According to the 1847 act yes.

According to caselaw no.

That answer is probably no use whatsoever :wink:

CC

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captain cab
 Post subject:
PostPosted: Mon Mar 01, 2010 12:08 am 
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Town Police Clauses Act 1847 Section 65


Compensation to drivers attending to answer complaints not substantiated

If the driver of any such hackney carriage be summoned or brought before any justice to answer any complaint or information touching or concerning any offence alleged to have been committed by such driver against the provisions of this or the special Act, or any byelaw made thereunder, and such complaint or information be afterwards withdrawn or quashed or dismissed, or if such driver be acquitted of the offence charged against him, the said justice, if he think fit, may order the complainant or informant to pay to the said driver such compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice seems reasonable;...

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cabby john
 Post subject:
PostPosted: Mon Mar 01, 2010 1:55 am 
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C.C I am thinking of the L.A calling a driver in to a local office answer a complaint, as opposed to any legal action and then acquitted. If the answer you posted was for that then I cannot understand as to why the term mentions "The said Justice".

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Sussex
PostPosted: Mon Mar 01, 2010 8:04 am 
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cabby john wrote:
We may have already covered this but I cannot remember the advice.

If an L.A calls a driver in to answer a complaint and he/she is not guilty, do the L.A have to compensate the driver for travel time (in some cases a 40 mile round trip) and also for personal time lost. In addition any earnings that may also be lost???

Depends on the nature of the complaint, and the level of evidence.

If a court decides the evidence was so thin that any reasonable council would have ignored the complaint, then you could be recompensed.

But that's a long winded way to get a few quid.

Better to make a formal complaint to the council and ask why the complaint was investigated the way it was etc etc. And if you are not happy then make a complaint to the Local Gov Ombudsman.

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Sussex
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PostPosted: Mon Mar 01, 2010 8:05 am 
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cabby john wrote:
If the answer you posted was for that then I cannot understand as to why the term mentions "The said Justice".

Magistrate.

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grandad
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PostPosted: Mon Mar 01, 2010 8:31 am 
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The original post is about compensation for being called before the licensing officer not the court.

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captain cab
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PostPosted: Mon Mar 01, 2010 8:35 am 
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grandad wrote:
The original post is about compensation for being called before the licensing officer not the court.


Yes, but who else would the driver be called upon?

CC

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cabby john
 Post subject:
PostPosted: Mon Mar 01, 2010 11:08 am 
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grandad wrote:
The original post is about compensation for being called before the licensing officer not the court.


Thank you! That is what my query/question is about.

As I see it in the event of a driver being called in to be interviewed by an L.O then he is out of pocket re time and money, whereas the L.O is getting paid and anyone else from that side of the fence. This is an imbalance and I feel that in the event of nothing being amiss then the driver should at least receive some sort of costs, some get off on a power trip and if only to stop them calling a driver in on a frivolous basis.

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