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 Post subject: Can this be legal?
PostPosted: Sun Feb 22, 2015 7:58 pm 
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Can this be legal?

My Daughter with special needs received this from the Help Group she attends. I reckon someones bending the facts to gain some extra cashflow, I thought 45 pence per mile travelled was the max such group could charge for transport using their own Private Car ..not a Taxi/PH or charity Minibus..just their private every day car.

Dear Parent /Carer

Due to budget cuts within the Local and National Government we have been unable to increase our daily charge for over 2 years despite many increasing costs.

Following a charging review, Scottish Borders Council is increasing their transport charge to £2 per return journey for all transport users which they allowed us to adopt. This comes into effect on 1st April.

As a result from Wednesday 1st April we will be charging £2 per person for each return journey * to and from their xxxxxx xxxxxx Venue. This charge will be payable each morning and noted on the register by the session leader- please do not pay the driver. If you walk or have your own transport there will be no additional charge, if you require transport one way only then a £1 will be charged.


Xxxxx xxxxx is a Not for profit company limited by Guarantee.



Each return Journey is only *2 miles, and theres 4 kids who use the transport in one car so that makes £8.00 for a total 4 Miles of driving…now to me that is Taxi/PH prices and should come under “For Hire or Reward” which means the use of Licenced Taxi/PH vehicle and driver and also would require “Hire or Reward” Insurance.

I know it's not going to break the Bank, but if I need a Licence to charge that much then they should too or It's taking work away from the trade and feeding the Pseudo Charity Groups coffers.

Oh..and the Not for profit company above is not even In Scotland..it's in Northumberland and its Venue is in Northumberland, how the Scottish Borders Council can advise them on charging is beyond me..yes they pick up some of their clients up from the Scottish side of the Border but that is all.


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 Post subject: Re: Can this be legal?
PostPosted: Mon Feb 23, 2015 6:25 am 
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bloodnock wrote:

Following a charging review, Scottish Borders Council is increasing their transport charge to £2 per return journey for all transport users which they allowed us to adopt. This comes into effect on 1st April.


It would seem that they are saying the charge is being made by the Council and not by them. Ask the Council for clarification about this.

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 Post subject: Re: Can this be legal?
PostPosted: Mon Feb 23, 2015 8:55 pm 
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bloodnock wrote:
Can this be legal?

It's legal only if they are licensed?

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 Post subject: Re: Can this be legal?
PostPosted: Mon Feb 23, 2015 9:27 pm 
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I think its 45p per every/total miles, drivers home/base-pickup-home so a-b 2 miles could be 4 miles or more for £2.....

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 Post subject: Re: Can this be legal?
PostPosted: Mon Feb 23, 2015 10:49 pm 
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The EU law is that it is a commercial benefit "irrespective of the status of the operator". I can't remember the EU court case, I have it on file somewhere. There was also the one mentioned on here recently, "someone" against the Motor Insurers Bureau in the court case section.


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 Post subject: Re: Can this be legal?
PostPosted: Mon Feb 23, 2015 11:12 pm 
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No other comments about the charge being set by the Council?

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