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| Have we dreamed this up? http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=18399 |
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| Author: | Wickford Cabby [ Wed Jan 25, 2012 11:39 pm ] |
| Post subject: | Have we dreamed this up? |
Some of the Hackneys in the Basildon area are under the impression that Private Hire vehicles are not be parked up within a certain distance of a Hackney Rank, some are saying its legislation, some are saying its an old gentlemen's agreement, our LA says there is no such law, but some of the older Hacks are adamant (not Adam Ant) that its law and the LA are talking out of their elbows, wouldn't be the first time. The reason it has come about is at Wickford station, there is a private hire firm directly on the platform, they've got hackneys on the circuit too, but one of their bookers insists on sitting in his Private Hire almost outside the entrance/exit doors and is causing confusion to the public that don't know the difference between Private Hires and Hacks, even though all of our Hackneys are white with an orange bonnet and boot, classy eh! Any help or pointers in the general direction would be greatly appreciated. Cheers |
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| Author: | Sussex [ Wed Jan 25, 2012 11:54 pm ] |
| Post subject: | Re: Have we dreamed this up? |
Wickford Cabby wrote: but one of their bookers insists on sitting in his Private Hire almost outside the entrance/exit doors and is causing confusion to the public that don't know the difference between Private Hires and Hacks, even though all of our Hackneys are white with an orange bonnet and boot, classy eh! Any help or pointers in the general direction would be greatly appreciated. http://www.bailii.org/ew/cases/EWHC/Admin/2000/410.html |
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| Author: | Dusty Bin [ Wed Jan 25, 2012 11:55 pm ] |
| Post subject: | Re: Have we dreamed this up? |
A PHV can be considered to be illegally plying for hire, but it depends on the circumstances. For example, if it's sitting in the middle of nowhere then it's unlikely to be viewed as plying, but if it's in a busy public place - near a HC rank, for example - then that's a different story. The way you portray it it sounds like there's a good chance the situation could be viewed as plying for hire. The Eastbourne case concerned a railway station and the judgement said: "The driver is plying for hire in the street if his vehicle is positioned in circumstances such that the offer of services is “projected to and addressed to” members of the public in the street." And that was even when it was happening on private property rather than in a fully public place. Worth a read and worth bringing to the attention of your council: http://www.bailii.org/ew/cases/EWHC/Admin/2000/410.html |
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| Author: | Sussex [ Wed Jan 25, 2012 11:56 pm ] |
| Post subject: | Re: Have we dreamed this up? |
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| Author: | Dusty Bin [ Wed Jan 25, 2012 11:59 pm ] |
| Post subject: | Re: Have we dreamed this up? |
Thought you'd be in bed, or I wouldn't have bothered
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| Author: | Wickford Cabby [ Thu Jan 26, 2012 12:02 am ] |
| Post subject: | Re: Have we dreamed this up? |
Gentlemen, I thank you
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| Author: | Sussex [ Thu Jan 26, 2012 12:05 am ] |
| Post subject: | Re: Have we dreamed this up? |
Dusty Bin wrote: Thought you'd be in bed, or I wouldn't have bothered I understand it's one of your favourite judgements, helped no doubt by the prostitute analogy. 
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| Author: | Sussex [ Thu Jan 26, 2012 12:08 am ] |
| Post subject: | Re: Have we dreamed this up? |
Wickford Cabby wrote: Gentlemen, I thank you What I really wanted to say was that yet again the old guard are imagining things that never happened, as is the norm in most of the country. But in this one instance they are right. 
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| Author: | Dusty Bin [ Thu Jan 26, 2012 12:09 am ] |
| Post subject: | Re: Have we dreamed this up? |
Sussex wrote: Dusty Bin wrote: Thought you'd be in bed, or I wouldn't have bothered I understand it's one of your favourite judgements, helped no doubt by the prostitute analogy.  Well it's certainly one of the few judgements that I've read and properly digested. But I have read a few more but not digested properly 
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| Author: | sasha [ Thu Jan 26, 2012 7:43 pm ] |
| Post subject: | Re: Have we dreamed this up? |
Our bylaws say that a PHV cannot park within a certain distance (can't remember what, think its 100yds) of phone boxes, pubs, nightclubs, restaurants, any other entertainment venue or bus stops, or in a manner that the public could concieve as being available for hire. Feck knows where we're supposed to park then ! Luckily they don't enforce the rules, and you can't get near any 'entertainment' venue as there's usually half a dozen HCs parked outside anyway, rank or not.
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| Author: | Sussex [ Thu Jan 26, 2012 8:42 pm ] |
| Post subject: | Re: Have we dreamed this up? |
sasha wrote: Our bylaws say that a PHV cannot park within a certain distance (can't remember what, think its 100yds) of phone boxes, pubs, nightclubs, restaurants, any other entertainment venue or bus stops, or in a manner that the public could concieve as being available for hire. Then the council are stupid, and if anyone challenged that/those conditions they would win, and the council would be shown up as the buffoons they are. |
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| Author: | Dusty Bin [ Thu Jan 26, 2012 9:13 pm ] |
| Post subject: | Re: Have we dreamed this up? |
sasha wrote: Our bylaws say that a PHV cannot park within a certain distance (can't remember what, think its 100yds) of phone boxes, pubs, nightclubs, restaurants, any other entertainment venue or bus stops, or in a manner that the public could concieve as being available for hire. So these days I suppose you're not supposed to park within 100 yards of anyone with a mobile phone 
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| Author: | Dusty Bin [ Thu Jan 26, 2012 9:14 pm ] |
| Post subject: | Re: Have we dreamed this up? |
Sussex wrote: sasha wrote: Our bylaws say that a PHV cannot park within a certain distance (can't remember what, think its 100yds) of phone boxes, pubs, nightclubs, restaurants, any other entertainment venue or bus stops, or in a manner that the public could concieve as being available for hire. Then the council are stupid, and if anyone challenged that/those conditions they would win, and the council would be shown up as the buffoons they are. I suppose it's roughly consistent with the case law though, albeit in a rather crude sort of way? |
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| Author: | wannabeeahack [ Thu Jan 26, 2012 10:50 pm ] |
| Post subject: | Re: Have we dreamed this up? |
If councils didnt insist on SIGNS on PH, and banned adverts maybe no-one would approach the vehicles in question crazy - coventry council make PH carry the "pre-booked only" signs then the operators name saw 1 with "Central Taxis" in the sign.........if that doesnt cause confusion i dont know what will... |
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