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PostPosted: Thu Apr 18, 2013 11:17 pm 
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According to the Ombudsman's web site, they are unlikely to look at my complaint until I have been through the councils complaint procedure. I am at the stage where I can make my complaint to an independent member of the council. From there I think the next step is the ombudsman.
I have received some correspondence from the licensing officer this week with reference to the questions raised regarding best value etc. There are some graphs showing how our prices compare to other authorities. The conclusion being that we are the cheapest. Mind you the comparison includes councils from over 50 miles away but does not include councils that are less than 10 miles away who are cheaper than ours. Anyway, I thought that I asked about best value and not a price comparison. #-o .
I think that they are hoping that I will just give up and go away. :wink:

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PostPosted: Thu Apr 18, 2013 11:20 pm 
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mancityfan wrote:
once there is an objection the council must set a
date "within two months" to consider the objection.....


They say that they have considered the objections and dismissed them and the new date, which is the same as the old date is well within the 2 month deadline.

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PostPosted: Fri Apr 19, 2013 2:55 am 
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grandad wrote:
I think that they are hoping that I will just give up and go away. :wink:


They obviously don't know you :lol:

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PostPosted: Fri Apr 19, 2013 8:22 am 
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We got a reply agreeing to answer the FOI questions by Friday 3rd of May.
And informed us that their report will be put to the August committee.
Assume this is a recognition of all our requests and meetings ie consultation without actually saying so.

No response to the request to suspend price increase meantime.


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PostPosted: Fri Apr 19, 2013 10:40 am 
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Sussex wrote:
Cabhappy wrote:
Reply received pointing out that all variable fees were increased not just licensing fees and promising a reply to questions by Fri 3rd May.

You couldn't give a f*** about other licenses, all you want is for those being aimed at you to be justified.

I think the Traffic Commissioner deals with fares up there, not fees. (happy to be told otherwise)

Therefore it's the Ombudsman.
Since bus deregulation in the days of our friend the late Mrs.T, Traffic Commissioners have not had the power to set fares or times for buses and coaches. TCs have nothing to do with taxi or PH licencing anywhere in the UK, just buses, coaches and lorries...unless you happen to be a taxi operator who has a restricted PSV licence.


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PostPosted: Fri Apr 19, 2013 12:14 pm 
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Pretty sure that's not the case.

I may be corrected but I think in Scotland it is the TC who judges appeals against taxi fare increases.
And maybe more.


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PostPosted: Fri Apr 19, 2013 3:19 pm 
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Cabhappy wrote:
I think in Scotland it is the TC who judges appeals against taxi fare increases.

That is correct.

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PostPosted: Fri Apr 19, 2013 7:15 pm 
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grandad wrote:
According to the Ombudsman's web site, they are unlikely to look at my complaint until I have been through the councils complaint procedure. I am at the stage where I can make my complaint to an independent member of the council. From there I think the next step is the ombudsman.
I have received some correspondence from the licensing officer this week with reference to the questions raised regarding best value etc. There are some graphs showing how our prices compare to other authorities. The conclusion being that we are the cheapest. Mind you the comparison includes councils from over 50 miles away but does not include councils that are less than 10 miles away who are cheaper than ours. Anyway, I thought that I asked about best value and not a price comparison. #-o .
I think that they are hoping that I will just give up and go away. :wink:


They can't do a best value as they have no accounts? Just comparing what others charge is not a best value? They need to compare how much it costs them compared with the costs of other councils?
Example
Ashfield council
Staff time allocated: 3.75 FTE x 250 Working days p.a. x 7 hours = 6563
Licences in issue: Vehicles 241; Drivers 270; Operators 6 = 517
Staff hours per licence per annum = 12.693
North East Council
Staff time allocated: 7.95 FTE x 250 Working days p.a. x 7 hours = 13913
Licences in issue: Vehicles 1150; Drivers 1300; Operators 45 = 2495
Staff hours per licence per annum = 5.576

You can see the north east council is giving better value they can run there taxi licensing on 5.576 hrs compared with 12.693 by Ashfield ?

From the information provided by the Council it appears that the element of staff time allocated to the Taxi Licensing cost centre is 3.75 FTE. posts
For the number of licences currently in issue this seems to be an excessive amount.
Has the allocation of time been the subject of any objective management review?
By comparison, pro rata to the numbers of licences in issue, an authority in the North East of England has a much lower staff time allocation. That authority, after a detailed investigation by the District Auditor, following an objection from the taxi trade, employed outside consultants who analysed the Licensing function in detail and advised a number of operational improvements after identifying an excess of staff time available.
From my example the comparative data for Ashfield and the other authority which we believe suggests that the allocation of time by Ashfield Council is either excessive or requires to be validated by an objective review.

The above analysis requires further investigation and submits that the time allocation for staff is unreasonable pending the provision of any data the Council has to justify the costs charged into the Licensing account.
What data has the Council assembled in relation to any ‘best value’ exercise covering the licensing functions it carries out?

Get the idea? The reason I have set the example is so you can use it for complaint to the ombudsman ?

Also you were not given the opportunity to read the licensing officers responce to your objection and that you believe that it was not properly considered? You did say there are no minutes?


While the question of what is ‘reasonable’ can only be resolved by challenge, it seems clear that ‘costs’ charged to accounts to be recovered by licence fee income must be commensurate with the actual and necessary expenditure of human and material resources.
It follows that the Council must be able to demonstrate that those costs charged directly or by apportionment can be identified as being relevant and proportionate? They have no accounts so they can't ?


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PostPosted: Fri Apr 19, 2013 7:28 pm 
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Cabhappy wrote:
Pretty sure that's not the case.

I may be corrected but I think in Scotland it is the TC who judges appeals against taxi fare increases.
And maybe more.
I dopubt it, it's usually the magistrates courts (in England) who we have to appeal to for most things connected with taxi/ph licencing. again, I stand to be corrected.

As it happnes, we've just had our badge renewal come in from shepway, up from £72 last time to £122 this time!! FFS, do they think we're MADE of money? with less staff in the LO, I don't see how they justify the increase.


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PostPosted: Sat May 04, 2013 2:55 am 
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mancityfan wrote:

I ask the Council to provide the following information at the earliest opportunity:-


a) Please provide a copy of any report submitted by Licensing officers to the Head of Function or any Council body to request authority to implement the most recently revised scale of fees.

b) Please provide a copy of the financial estimates for the operation of the Taxi Licensing function for 2012/13

c) Please provide details of the number of vehicle licenses, driver licenses and operator licenses the Council envisages issuing in the current year.

d) Please provide a copy of the Job description of each member of staff wholly or partly employed in the carrying out of the vehicle, driver and operator licensing function. For staff not wholly employed on such activity please advise the percentage of time charged to the taxi and non-taxi activity in their job descriptions.

e) Please advise details of the staff and management structure in respect of taxi licensing.

f) Please advise details of staff costs charged directly to the licensing account
NB. I only request details of the posts and the aggregated total annual forecast cost including all Employer’s on-costs.

g) Please provide a copy of the Subjective Cost Centre(s) Budget(s) for taxi licensing activity showing the estimated costs and income for 2011/12 against each relevant nominal ledger code. Please also supply a copy of the year to date outturn to the last available accounting period and any forecast outturn for the current financial year.

h) Please provide details of how recovery of corporate overhead and any other indirect or apportioned charges are calculated for the Taxi Licensing Subjective cost centre(s).

i) Please advise, under the Council’s Constitution and scheme of delegation, which
Cabinet member(s) and Officers have responsibility for the determination of the
Council’s policies and practice in respect of any matters relating to its powers
under the Town Police Clauses Act 1847 and The Local Government


Wow, received today a reply to all of the above.

Will post it a step at a time for comments.

First of all the final paragraph of the reply suggests that Council own copyright of the reply and the information and to publish or copy any of it might breach copyright laws.
Any comments?


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PostPosted: Sat May 04, 2013 3:43 am 
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In response to our request to suspend the increase in fees the request was refused and answered.

The reasons being

"......the increase was a corporate decision and not specific to licensing. Officers have no powers to override the decision"
&
"....with reference to ongoing consultation. This is not accurate. The trade association made a complaint and we met to discuss and have since gathered data to ensure we comply with legislation. It is for committee to decide to vary fees or if the trade shall be consulted "
Finally
"
....there is no legal requirement on council to give public notice of increase in fees"

Accurate? Fair? Or reasons for complaint?

Thanks in advance.


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PostPosted: Sat May 04, 2013 11:40 am 
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Cabhappy wrote:


"
....there is no legal requirement on council to give public notice of increase in fees"


I believe that for fee increases on vehicles and operators licenses they are required to post a public notice in at least one local paper giving 28 days notice for objections. This does not seem to apply for drivers badges.

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PostPosted: Sat May 04, 2013 8:19 pm 
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Cabhappy wrote:
Any comments?

Give it to someone else, who might just post it up. :wink:

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PostPosted: Sat May 04, 2013 8:23 pm 
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Cabhappy wrote:
The reasons being

"......the increase was a corporate decision and not specific to licensing. Officers have no powers to override the decision"
&
"....with reference to ongoing consultation. This is not accurate. The trade association made a complaint and we met to discuss and have since gathered data to ensure we comply with legislation. It is for committee to decide to vary fees or if the trade shall be consulted "
Finally
"
....there is no legal requirement on council to give public notice of increase in fees"

Accurate? Fair? Or reasons for complaint?

Thanks in advance.

In England and Wales the above would be treated as bo*****s, and would ensure a successful appeal to the District Auditor, Ombudsman, court etc etc.

But I don't know enough about Scottish fees.

However if the wording is the same, then they can't do what they are doing.

But defo appeal to the Ombudsman, if you have such a person up there. :wink:

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PostPosted: Sun May 05, 2013 3:18 am 
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Yes we have an ombudsman, in all councils


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