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 Post subject: Re: Police stop
PostPosted: Sun Jun 15, 2014 2:11 pm 
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Joined: Fri Apr 21, 2006 1:20 am
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Location: Over here!
Sussex wrote:
bloodnock wrote:
Does seem rather odd the they singled you out for a stop check, quite a rare event indeed.

Indeed. :-k


The bottom line is that "The Owner/Another driver has been done out of a fare! If we all went around doing favours, then unless it is for family or a very close friend, it could only be construed that one could only be doing it......... to stay in favour for future runs.

You have my son.........been grassed out.

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 Post subject: Re: Police stop
PostPosted: Sun Jun 15, 2014 5:19 pm 
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Joined: Tue Sep 21, 2010 7:35 pm
Posts: 1855
You were using the vehicle for 'Hire or Reward' for which you were not insured.

In this case the 'Reward' part being that as a taxi firm these customers would perhaps use you again in the future, and tell other potential customers to use you.
It's akin to a hotel offering free rides to and from their premises using their own vehicles (there is case law for this, Swallow vs. ?).


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 7:21 am 
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sasha wrote:
You were using the vehicle for 'Hire or Reward' for which you were not insured.

In this case the 'Reward' part being that as a taxi firm these customers would perhaps use you again in the future, and tell other potential customers to use you.
It's akin to a hotel offering free rides to and from their premises using their own vehicles (there is case law for this, Swallow vs. ?).
there is also the case law I quoted above. That clearly sets out that what you done was for pecuniary advantage, even though no money had changed hands. To reiterate the summing up:

St Albans District Council v Taylor (1991) Crim I.R852 DC- an offence was committed when a private hire operator asked his wife to drive a customer in her own vehicle and did not charge - it was held a commercial benefit was obtained and this was ”hire or reward”.

It's a fair cop guv. :doubt:

The full case is here if you've got time to read it: viewtopic.php?f=13&t=3637


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 7:33 am 
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Location: Braintree, Essex.
c4bby wrote:
The difficulty is they will see it this way:
1. You are a licensed PH driver
2. They were your customers who you'd dropped of on the journey down as fare paying bods and would have been on the way back if your cab wasn't off the road.
3. Even if you get a statement from the customers to say you didn't charge it won't hold water as per point noted above.
4. If they were to allow this then what's to stop anyone with a car doing taxi/ph jobs in their own private car with no licence and claim they're doing it as a favour ( it happens anyway where unlicensed drivers ferry people abt charging less than the going rate fare)

Not looking good buddy



This ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 4:39 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
Image

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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 5:07 pm 
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Posts: 366
wannabeeahack wrote:
Image


Oh come on thats a bit harsh, bit like when Garth Crooks said "Boy George gets fined £300 for taking drugs and i get fined £30,000 for not turning up for the team photo" :lol:


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 6:44 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
c4bby wrote:
wannabeeahack wrote:
Image


Oh come on thats a bit harsh, bit like when Garth Crooks said "Boy George gets fined £300 for taking drugs and i get fined £30,000 for not turning up for the team photo" :lol:



teach him to sing country and western wont it

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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 7:43 pm 
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Posts: 2712
Maybe c4bby's boss would like to join him, after all he's just as guilty! don't drop the soap! :shock:


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 9:06 pm 
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Joined: Sat Jun 14, 2014 7:15 pm
Posts: 14
I wish i hadn't started on this topic cause i have never heard so much crap
Thanks for nothing cause half of you ain't got a clue if i had something wrong why did the coppers say i could carry on taking the people home as long as i didn't charge them so it can't be illegal if it is then the old bill are guilty for telling me its ok to take the people home with no charge
Anyway thanks for all your comments please don't put anymore rubbish


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 9:08 pm 
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mickj0 wrote:
I wish i hadn't started on this topic cause i have never heard so much crap
Thanks for nothing cause half of you ain't got a clue if i had something wrong why did the coppers say i could carry on taking the people home as long as i didn't charge them so it can't be illegal if it is then the old bill are guilty for telling me its ok to take the people home with no charge
Anyway thanks for all your comments please don't put anymore rubbish



glad to be of service :lol:

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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 9:49 pm 
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Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
mickj0 wrote:
I wish i hadn't started on this topic cause i have never heard so much crap
Thanks for nothing cause half of you ain't got a clue if i had something wrong why did the coppers say i could carry on taking the people home as long as i didn't charge them so it can't be illegal if it is then the old bill are guilty for telling me its ok to take the people home with no charge
Anyway thanks for all your comments please don't put anymore rubbish

Well you did start the topic. Do you think that the police know licensing laws? :lol: :lol: :lol: There are links to actual court cases here and they all say the same. I suggest that you read them.

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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 9:52 pm 
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mickj0 wrote:
I wish i hadn't started on this topic cause i have never heard so much crap
Thanks for nothing cause half of you ain't got a clue if i had something wrong why did the coppers say i could carry on taking the people home as long as i didn't charge them so it can't be illegal if it is then the old bill are guilty for telling me its ok to take the people home with no charge
Anyway thanks for all your comments please don't put anymore rubbish


Were you expecting a reply more to your liking and somewhat more reassuring that all will be well?

Truth is, you screwed up, got caught screwing up, got screwed up by your boss who eagerly let you screw up and now your pretty much going to be screwed by that screwer of all screwers..the Insurance company.

Sorry.. :?


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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 10:35 pm 
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mickj0 wrote:
I wish i hadn't started on this topic cause i have never heard so much crap
Thanks for nothing cause half of you ain't got a clue if i had something wrong why did the coppers say i could carry on taking the people home as long as i didn't charge them so it can't be illegal if it is then the old bill are guilty for telling me its ok to take the people home with no charge
Anyway thanks for all your comments please don't put anymore rubbish

You have, IMO, committed a crime.

Now you might argue you did it with the best of intentions, but you still, IMO, committed a crime.

What would you have preferred posters to say?

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 Post subject: Re: Police stop
PostPosted: Mon Jun 16, 2014 11:30 pm 
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Posts: 1582
I think you committed a crime, there's no such thing as a free ride, as we have seen in lots of case law.


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 Post subject: Re: Police stop
PostPosted: Tue Jun 17, 2014 9:07 am 
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Joined: Sat Jun 14, 2014 7:15 pm
Posts: 14
If there is no such thing as a free trip why did the old bill tell me i could take the people home as long as i didn't charge them so then the old bill are wrong and they have committed a crime


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