grandad wrote: My lad had a fare last night where the chap just got out of the taxi and walked off. My lad shouted after him to ask him to pay the fare but he refused and just kept walking. Now we know the address where this chap lives because we have taken him home before without any problems. My son rang the police and they told him it was a civil matter. When pushed because my son insisted that it was a criminal matter as per a thread on here a bit back, the policeman said it was a civil matter because we had carried him before so he was a regular customer. Is this correct or is he just being fobbed off?
What's your location Grandad?
Here's my experience
Dear Chief Constable
Re:- Incident No. 0272 – 27/6/2009 / Officer collar no. 4920
I refer to the above incident, write to register my concern that the matter was not dealt with appropriately by the officer concerned and require that the matter be reconsidered and request that the individual involved be formally charged in connection with the crime of theft he committed against me.
The Incident.
I am a taxi driver. Around 4.am on the morning of Saturday, 27th June I picked up a seemingly respectable individual from the taxi rank at Greenside Place. In view of the individual’s inability to articulate properly because he was intoxicated with alcohol, I had some difficulty determining the precise address to which he wished to be taken. However, when I asked where it was I was able to discern him telling me that it was “ … just before D. Mains”.
On agreement that he would direct me once we got there I set off. The individual promptly fell asleep. Passing Groathill Road North at Ferry Road I awoke the individual. I asked where I was to go and he said straight on. I came to the mini roundabout at Silverknowes Road and he directed me into Davidsons Mains. At the mini roundabout at Quality Street I enquired again and he directed me to turn right. We drove all the way to Cramond with no objection from the individual.
Turning right at the junction with Gamekeeper’s Road I asked which turning and he said to take the second on the right. We pulled into a cul-de-sac and it was evident that he didn’t have a clue where he was. Although I still couldn’t understand his poor articulation of his address, further inquiry elicited the information that his destination was at the Waterfront development near Scottish Gas.
I then took him directly to the new development in West Granton Road, ascertained it was the right place and drove him into the estate to his destination. I asked for payment to the amount displayed on the meter which he refused to pay on the basis that it was more than he had paid on his journey uptown the previous evening. I explained what had transpired but he was having none of it. He still refused to pay. I explained to him that it was an offence to refuse payment and that if he did refuse I would not hesitate to take him to the police station and report the offence.
He continued with his refusal to pay and, with his agreement, we then made our way to Drylaw police station where I called the police call centre, was given the incident no. and instructed to wait at the police station for police attention. The metered fare was £18.70p.
I was able to attract the attention of two officers exiting the station, who attended and managed the situation. Officer 4920 spoke to the individual and was given his driving licence as identification which, although he had moved domicile around three months before, did not bear his correct address.
Following discussion with the individual, the officer indicated to me that although he had asked him to pay the fare, the individual continued to refuse based on his premise that it was more than the amount he had paid the previous evening on his outward journey.
The officer then explained to me his contention that the matter was a civil one and that my only redress was to pursue it through civil court proceedings. My response was that this was illogical nonsense. However, given that the facts of the case would be properly recorded, I allowed the matter to rest pending consultation and further action on my part.
During this process the officer asked the individual if he did in fact have sufficient money to pay for the fare and his willingly opening his wallet showed that he possessed £25 in notes, more than enough to pay the fare.
Although both the officer and I gave the individual ample opportunity to make payment, he continued to refuse, saying he was only prepared to pay what it had cost him the previous evening to go uptown. He was under the impression that I should still take him home under the circumstances being dictated by him and still refused to pay even though I agreed that if he paid the meter fare I would return him home as an act of good faith.
The crime
It is a fundamental principle of our Law that theft is the taking and appropriating of property without the consent of its rightful owner or other lawful authority.
The advice to me of a former Procurator Fiscal confirms that the offence committed here is a criminal offence, not a civil one.
In this case, the value of the service provided to him by me is represented as it is incurred by the incrementing value represented on the taximeter. The final total represents the liability to be paid for and it is only when the taxi is properly disengaged, and payment received, that discharge of the liability is obtained by the receiver and the service/goods provided paid for.
By refusing to pay his fare, and by exiting and walking away from the vehicle without meeting his lawful obligation to pay the fare incurred, this individual has stolen the price of the fare from me and has thereby committed a theft.
Had the individual not had sufficient funds to pay the fare, he could have been deemed to have committed an act of fraud by engaging a taxi without the means to pay. However, this individual, as witnessed by the attending officer(s), had ample means to meet his commitment to pay, which in Law renders his refusal and walking away from the taxi without paying, a deliberate act of theft.
In this way, this individual’s actions are no different to that of a shoplifter stealing goods, a bank worker stealing money or any other common thief stealing the rightful property of another - all indictable criminal offences.
I submit due process should have been followed, that the individual concerned should have been cautioned, charged with criminal theft and a report submitted to the Procurator Fiscal.
Right of redress
Any individual has a right of redress where he believes that he has been unfairly or improperly charged for a taxi journey undertaken.
The right of redress available to this individual in this circumstance was for him to pay the fare requested, obtain a receipt for same, note the driver’s identity which would be afforded to him on request and/or note the licence no. of the taxi and then make proper representation to the licensing authority.
I understand that this individual is a “bank manager” by profession and it is therefore not unreasonable to expect that the knowledge of such a procedure is well within his ability to know and understand.
However, the right of redress in Law for this circumstance, or any other such commercial circumstance for that matter, does not allow an individual to simply refuse to pay. Clearly, if such a provision did exist it would bring chaos to our economic system.
Conclusion
In view of the above I contend that the attending officer has applied the wrong premise to this case. A crime of theft has been committed.
I formally request that matters concerning this incident should be reviewed, that the individual should be cautioned forthwith, charged with theft and prosecuted to the fullest extent of the Law in order to maintain Law and Order and ensure the integrity of our policing, justice and economic systems.
I would also request that the outcome of this matter, and the legal circumstances pertaining to it, be advised to all serving officers for future reference, as well as circulated throughout the taxi trade.
Should you be unable or unwilling to accede to these requests please write advising me of your reasons.
Thank you for your assistance with this matter.
I am now in p[olice complaints procedure. Which is about the police ignoring my complaint. If you like I could let you view that correspondence.
_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"
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