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PostPosted: Wed Aug 10, 2011 1:14 pm 
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Location: Guildford
Private prosecution of taxi office for soliciting at Guildford station.
See attached for summons, preliminary hearing 15th August.
All assistance welcomed.

MarkR

https://groups.google.com/forum/?hl=en# ... pJorbPxBYQ
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PostPosted: Wed Aug 10, 2011 2:42 pm 
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I think more background info is needed

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PostPosted: Wed Aug 10, 2011 2:46 pm 
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Not sure if I'm reading complaint 2 correctly. Is a PH firm not allowed to advertise at all?


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PostPosted: Wed Aug 10, 2011 2:49 pm 
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Well were you?

Are you a Licenced Taxi Driver and were the cars properly plated?

I can't imagine that any of us could offer you more help than a decent Solicitor would.

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PostPosted: Wed Aug 10, 2011 2:58 pm 
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2 Jobs wrote:
.....Is a PH firm not allowed to advertise at all?
They are not allowed to solicit work in a public place. The private hire firm in question have taxi signs and prices in their shop window next to the station entrance at Guildford.

MarkR


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PostPosted: Wed Aug 10, 2011 3:59 pm 
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Do you have a pic of the shop window?

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PostPosted: Wed Aug 10, 2011 4:01 pm 
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DOT Transport circular 4/94 seems to cover this;

Subsection (2) provides that a taxi driver merely sitting in a taxi with a 'For Hire' or 'Taxi' sign displayed will not be committing an offence; nor will the driver of a taxi or private hire vehicle with a sign indicating that it can be hired by telephone.


IMO if you were to be prosecuted an offence under British Rail byelaws is far more likely.

There are a number of court cases regarding standing on rail property on TDO.

CC

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PostPosted: Wed Aug 10, 2011 4:35 pm 
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Quote:
They are not allowed to solicit work in a public place. The private hire firm in question have taxi signs and prices in their shop window next to the station entrance at Guildford.


I have seen their premises when out and about in my day job. I can think of many similar PH offices all over the place with similar promotional material in the window. I always assumed that soliciting and touting merely meant you could not approach someone and offer a PH or taxi service. I never imagined you were not allowed to passively advertise advertise.

Going to get my dictionary out again!

I wonder if the internet is a "public place"?


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PostPosted: Wed Aug 10, 2011 5:29 pm 
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MarkRGuildford wrote:
2 Jobs wrote:
.....Is a PH firm not allowed to advertise at all?
They are not allowed to solicit work in a public place. The private hire firm in question have taxi signs and prices in their shop window next to the station entrance at Guildford.

MarkR

Has the court decided that already then? :?

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PostPosted: Wed Aug 10, 2011 6:55 pm 
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Taxifirst could well be up the creek in Mutley Plymouth, they have a 5 meter by 6 meter banner outside there office there, on the second floor


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PostPosted: Fri Aug 12, 2011 11:28 am 
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Sussex wrote:
MarkRGuildford wrote:
2 Jobs wrote:
.....Is a PH firm not allowed to advertise at all?
They are not allowed to solicit work in a public place. The private hire firm in question have taxi signs and prices in their shop window next to the station entrance at Guildford.

MarkR

Has the court decided that already then? :?


http://www.taxi-driver.co.uk/phpBB2/vie ... w=previous


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PostPosted: Sat Aug 13, 2011 11:14 am 
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I wish someone would explain the difference between plying for hire and soliciting.

As I read it there's no chance of a soliciting prosecution succeding here.

People sitting passively in offices or in cars aren't soliciting, are they, and I don't think signage makes a whole lot of difference?

Soliciting would require something more pro-active - most obviously initiating some kind of verbal exchange with a customer offering them hire car services - from either the driver or others acting on his behalf.


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 Post subject: Re:
PostPosted: Tue May 02, 2017 9:04 pm 
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captain cab wrote:
DOT Transport circular 4/94 seems to cover this;

Subsection (2) provides that a taxi driver merely sitting in a taxi with a 'For Hire' or 'Taxi' sign displayed will not be committing an offence; nor will the driver of a taxi or private hire vehicle with a sign indicating that it can be hired by telephone.


IMO if you were to be prosecuted an offence under British Rail byelaws is far more likely.

There are a number of court cases regarding standing on rail property on TDO.

CC

Is that the right circular I can't find that in?
http://webarchive.nationalarchives.gov. ... ic4061.pdf


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PostPosted: Tue May 02, 2017 11:52 pm 
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MarkRGuildford wrote:
2 Jobs wrote:
.....Is a PH firm not allowed to advertise at all?
They are not allowed to solicit work in a public place. The private hire firm in question have taxi signs and prices in their shop window next to the station entrance at Guildford.

MarkR



Vant v Cripps is similar and comments made in TDO court case section make interesting reading.


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 Post subject: Re: Re:
PostPosted: Thu May 04, 2017 8:31 am 
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silvercab wrote:
Is that the right circular I can't find that in?
http://webarchive.nationalarchives.gov. ... ic4061.pdf


Perhaps I was confused?

Criminal Justice and Public Order Act 1994 (c. 33)

Taxi touts

SECTION 167 Touting for hire car services. 

(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.


(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.


(3) No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the [1985 c. 67.]Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code).


(4) It is a defence for the accused to show that he was soliciting for passengers for public service vehicles on behalf of the holder of a PSV operator’s licence for those vehicles whose authority he had at the time of the alleged offence.


(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.


(6) In this section— “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and “public service vehicle” and “PSV operator’s licence” have the same meaning as in Part II of the [1981 c. 14.] Public Passenger Vehicles Act 1981.


(7) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 arrestable offences), after the paragraph (i) inserted by section 155 of this Act there shall be inserted the following paragraph— “(j) an offence under section 167 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (touting for hire car services)


Eastbourne vs Stirling is a worthy read also

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