Taxi Driver Online

I have not read all the replies on this post so I apologise if this point has already been made, but you might want to point the Ombudsman and the Council in the direction of the decision in Hemmings & others v Westminster City Council and the EU Provision of Services Regulations 2009.

Regulation 18(4) states: “Any charges provided for by a competent authority which applicants may incur under an authorisation scheme must be reasonable and proportionate to the cost of the procedures and formalities under the scheme and must not exceed the cost of those procedures and formalities.”

If you are interested, an 'authorisation scheme' is: “… any arrangement which in effect requires the provider or recipient of a service to obtain the authorisation of, or to notify, a competent authority in order to have access to, or to exercise, a service activity”. - a local authority is a competent authority despite what most of us might think!

In Hemmings the judge considered whether the Regulations should limit the fees which could be charged for a licence under a legitimate domestic licensing regime. He concluded that, from 28.12.2009 when the regulations came into force, the regulations overruled any previously valid fee charging provisions and from that date only 'administrative' expenses could legally be recovered in fees. (Hemmings deals with sex shops)

Have you been in touch with Bryan Rolands at the National Private Hire Association. I understand that they are trying to ensure that District Auditors don't let Guilford off the hook (by legal challenge if necessary).

Thanks for the info. I will keep it in reserve for now. I haven't been in touch with Bryan but I have read the article from him and I have found it of interest.

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Grandad,

I think transport is exempt from that regulation.

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IDFIMH

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Of all the things ive lost, i miss my mind the most

Your fictisiouse council want to find out what makes you tick and if you have a brain somewhere

Maybe they average out the fees over a 3 year period so that you don't have to pay for the medical all in one go.

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Grandad,

had a reply from ombudsman today and she has found that the council are not at fault even though they failed to do a public notice regarding drivers fees in spite of the fact the licensing committee ordered a public consultation into the fees on 11th of july 2011 and on the 24th august the same year the l/o told us he didn't have to consult by law ......really feel like im banging my head against the wall, the council submit false papers to the ombudsman fail to supply a public notice and she still feels that they have done no wrong (we have the original papers which differ vastly ) we have also been told that the council are allowed to use our fees for badges to offset the dept losses even though i told her that is not the case argghhhhh help someone lol

jogra4

Fictitious? is that what you think? really?

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Of all the things ive lost, i miss my mind the most

how does that work with a 3 year badge being less than 3 x 1 year badges?...

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Of all the things ive lost, i miss my mind the most

There giving you a discount for the three year badge? Because they will spend less time presumably?
Your badge seems very expensive? You seem to say it includes a medical?

Some say the discount is illegal...

and its the same fee each year, medical or no medical

notice TOMORROW its £145....then its dearer, same badge, £50 dearer (1 year badge) come thursday

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Of all the things ive lost, i miss my mind the most

Perhaps the word discount was the wrong word? It's cheaper to produce a 3 year badge? So it costs less to produce. They are increasing it from that date, perhaps there cost of producing it has increased, only by challenge will you no the true cost. Send a foi request for a break down of be costs for be issue of badges?

Drivers licenses don't have to be advertised in the same way as vehicles and operators.

The cost of process can include the wages for folks doing the processing, so maybe that's the way they are contributing to the department budget.

Drivers license fees can only cover the cost of process. The way to sort that problem is FoI requests and complaints to the District Auditor.

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IDFIMH

The speed our LA reply I could be in a home for ex-taxi drivers with diminished capacity by the time i get a reply...

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Of all the things ive lost, i miss my mind the most

Thought they kicked you out years ago