Taxi Driver Online :: View topic - Refused License Help PLEASE

We have applied for a private hire license for a driver. He has 9 points on his licence, all for speeding, and 3 points for speeding that are under 4 years old. he has a medical, and crb, but then they say they want him to go in front of the "Committee". The "committee" then refuse to grant him a license. They say he can appeal. We have invested a lot of time and money in this driver. Can anyone help with advise on what to say on the appeal, and what chance we have on winning? eusasmiles.zip

We have applied for a private hire license for a driver. He has 9 points on his licence, all for speeding, and 3 points for speeding that are under 4 years old. he has a medical, and crb, but then they say they want him to go infront of the "Committee". The "committee" then refuse to grant him a license. They say he can appeal. We have invested a lot of time and money in this driver. Can anyone help with advise on what to say on the appeal, and what chance we have on winning? eusasmiles.zip

Can anyone help with advise on what to say on the appeal, and what chance we have on winning? eusasmiles.zip

The chap has 9 points on his license and 3 that have expired. He has been working as a chauffeur for quite a while for a company that used to use the contract exemption because the work was for one company. In light of the repeal of the contract exemption all the drivers have applied for badges to comply with the law but this chap has been refused. So he could now be out off a job.

Has anybody got anything practical to say that may help this guy.

Assuming that the points were for marginal excesses and dealt with by the COFP system, I find that quite harsh.

A lot of us have points, maybe even 'lists' of points for being no more than 1 or 2 MPH over ACPO guidelines. I would hope a well prepared mitigation on each of the offences may sway the magistrates.

I would concur that a good solicitor who is WELL versed in licensing law may be money well spent. If the local trade don't know a good lawyer, the local pub organisation, LVA or similar, may have some names.

Author:	JOHNBREWER [ Thu Dec 18, 2008 1:47 pm ]
Post subject:	Refused License Help PLEASE
We have applied for a private hire license for a driver. He has 9 points on his licence, all for speeding, and 3 points for speeding that are under 4 years old. he has a medical, and crb, but then they say they want him to go infront of the "Committee". The "committee" then refuse to grant him a license. They say he can appeal. We have invested a lot of time and money in this driver. Can anyone help with advise on what to say on the appeal, and what chance we have on winning?

Author:	skippy41 [ Thu Dec 18, 2008 1:52 pm ]
Post subject:	Re: Refused License Help PLEASE
JOHNBREWER wrote: We have applied for a private hire license for a driver. He has 9 points on his licence, all for speeding, and 3 points for speeding that are under 4 years old. he has a medical, and crb, but then they say they want him to go in front of the "Committee". The "committee" then refuse to grant him a license. They say he can appeal. We have invested a lot of time and money in this driver. Can anyone help with advise on what to say on the appeal, and what chance we have on winning? Speeding points come off after 3 years, even though they are shown on your licence for 4 years, and the date is taken from the date of the offence, and not the conviction if thats any help to you

Author:	bloodnock [ Thu Dec 18, 2008 3:06 pm ]
Post subject:	Re: Refused License Help PLEASE
JOHNBREWER wrote: We have applied for a private hire license for a driver. He has 9 points on his licence, all for speeding, and 3 points for speeding that are under 4 years old. he has a medical, and crb, but then they say they want him to go infront of the "Committee". The "committee" then refuse to grant him a license. They say he can appeal. We have invested a lot of time and money in this driver. Can anyone help with advise on what to say on the appeal, and what chance we have on winning? not sure Id put much effort into a potential driver on 9 points for speeding..sounds like the Guys a habitual Speed merchant..im sure your Customers will be impressed at his High speeds..

Author:	grandad [ Thu Dec 18, 2008 3:54 pm ]
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Has anybody got anything practical to say that may help this guy.

Author:	captain cab [ Thu Dec 18, 2008 6:01 pm ]
Post subject:	Re: Refused License Help PLEASE
JOHNBREWER wrote: We have applied for a private hire license for a driver. He has 9 points on his licence, all for speeding, and 3 points for speeding that are under 4 years old. he has a medical, and crb, but then they say they want him to go infront of the "Committee". The "committee" then refuse to grant him a license. They say he can appeal. We have invested a lot of time and money in this driver. Can anyone help with advise on what to say on the appeal, and what chance we have on winning? The driver is licensed on the basis he's 'fit and proper', your council committee have refused the application and are they're saying he's unfit. The speeding convictions are obviously the rasons why they came to this conclusion, although he may be told in writing as to the reasons his application was refused. You have me confused regarding the points on the license. Are you saying he's got 9 points but only 3 really because 6 of the nine are older than 4 years old? CC

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Author:	Sussex [ Thu Dec 18, 2008 6:09 pm ]
Post subject:	Re: Refused License Help PLEASE
JOHNBREWER wrote: Can anyone help with advise on what to say on the appeal, and what chance we have on winning? The appeal will be at a mags court in front of three ordinary members of the public. I would say to them that this chap has learnt from his mistakes etc etc and wants to find a profession that can help him bring up his family etc etc. Defo worth getting a brief.

Author:	grandad [ Thu Dec 18, 2008 6:37 pm ]
Post subject:
The chap has 9 points on his license and 3 that have expired. He has been working as a chauffeur for quite a while for a company that used to use the contract exemption because the work was for one company. In light of the repeal of the contract exemption all the drivers have applied for badges to comply with the law but this chap has been refused. So he could now be out off a job.

Author:	captain cab [ Thu Dec 18, 2008 6:40 pm ]
Post subject:
grandad wrote: The chap has 9 points on his license and 3 that have expired. He has been working as a chauffeur for quite a while for a company that used to use the contract exemption because the work was for one company. In light of the repeal of the contract exemption all the drivers have applied for badges to comply with the law but this chap has been refused. So he could now be out off a job. So in effect 6 of the points are live. Seems pretty harsh to me, he'd have got a letter of warning here as to his driving, then a committee appearance at 9 pts. I'd take it to the magistrates, as sussex says with a decent brief that knows about licensing laws. CC

Author:	bloodnock [ Thu Dec 18, 2008 6:42 pm ]
Post subject:
grandad wrote: Has anybody got anything practical to say that may help this guy. Sadly not...he'll have to speak to his Solictor I guess..

Author:	cabbyman [ Thu Dec 18, 2008 6:50 pm ]
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Assuming that the points were for marginal excesses and dealt with by the COFP system, I find that quite harsh. A lot of us have points, maybe even 'lists' of points for being no more than 1 or 2 MPH over ACPO guidelines. I would hope a well prepared mitigation on each of the offences may sway the magistrates. I would concur that a good solicitor who is WELL versed in licensing law may be money well spent. If the local trade don't know a good lawyer, the local pub organisation, LVA or similar, may have some names.

Author:	bloodnock [ Thu Dec 18, 2008 6:58 pm ]
Post subject:
cabbyman wrote: Assuming that the points were for marginal excesses and dealt with by the COFP system, I find that quite harsh. A lot of us have points, maybe even 'lists' of points for being no more than 1 or 2 MPH over ACPO guidelines. I would hope a well prepared mitigation on each of the offences may sway the magistrates. I would concur that a good solicitor who is WELL versed in licensing law may be money well spent. If the local trade don't know a good lawyer, the local pub organisation, LVA or similar, may have some names. Thats where the Points for speeding issue needs reviewing....why should 2 MPH over a speed limit merit the same amount of points as 9 MPH over a speed limit....and why do we have to recieve points for a lesser first offence when a warning would serve just as well....Ive no objection to coughing up a few quid for a Minor first offence..what I hate though is the Excess in premiums that go hand in hand with points on your licence..if you have a couple of vehicles these 3 points could cost you upwards of £1200 in increased Premiums over the duration of the points being on your licence...then the £60 quid fine fades into insignificance..

Author:	Sussex [ Thu Dec 18, 2008 7:47 pm ]
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I would also ask for a copy of the council's 'fit and proper' criteria, and their convictions policy. Most councils don't have either, and can be made to look very silly in court.

Author:	cabbyman [ Thu Dec 18, 2008 7:54 pm ]
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That's where a good solicitor will earn his fee!!

Author:	no tips [ Sat Dec 20, 2008 11:51 am ]
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point out how many miles this guy drives a year compard to normal drivers proberly x3 , & spends 8 hours a day driving ,

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Author:	GA [ Sun Dec 21, 2008 12:12 am ]
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I think you may find that driving taxis and private hire vehicle to be an exempt occupation in the rehabilitation of offenders act. Therefore no convictions are considered "spent". B. Lucky