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Advice needed!!
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=18982		 Page 1 of 1
Author:  car3 [ Wed Apr 11, 2012 9:43 am ]
Post subject:  Advice needed!!
My badge renewal was refused due to accruing 6 penalty points in a 12 month period even though I've had none since 2005! Can they legally do this? Their reason was that I wasn't learning my lesson and that I was no longer " fit and proper"
Author:  captain cab [ Wed Apr 11, 2012 9:48 am ]
Post subject:  Re: Advice needed!!
car3 wrote:
My badge renewal was refused due to accruing 6 penalty points in a 12 month period even though I've had none since 2005! Can they legally do this? Their reason was that I wasn't learning my lesson and that I was no longer " fit and proper"



What were the penalty points for?
Author:  mancityfan [ Wed Apr 11, 2012 10:28 am ]
Post subject:  Re: Advice needed!!
Wich council is it?
Author:  car3 [ Wed Apr 11, 2012 12:15 pm ]
Post subject:  Re: Advice needed!!
Sp30's and Manchester council
Author:  mancityfan [ Wed Apr 11, 2012 12:41 pm ]
Post subject:  Re: Advice needed!!
You can appeal to magistrates court,you need to do this ASAP.
Author:  car3 [ Wed Apr 11, 2012 1:53 pm ]
Post subject:  Re: Advice needed!!
On that as soon as I receive the damn paperwork from the council, been waiting a week. What's the likelihood of the court to overturn the panel decision?
Author:  mancityfan [ Wed Apr 11, 2012 4:49 pm ]
Post subject:  Re: Advice needed!!
They should have advised you that you can appeal to magistrates,they have got no chance of winning for 6pts.
Author:  mancityfan [ Wed Apr 11, 2012 4:53 pm ]
Post subject:  Re: Advice needed!!
61 Suspension and revocation of drivers' licences (1) Notwithstanding anything in the Act of 1847 or in this Part of this Act, a district council may suspend or revoke or (on application therefor under section 46 of the Act of 1847 or section 51 of this Act, as the case may be) refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on any of the following grounds—
(a) that he has since the grant of the licence—
(i) been convicted of an offence involving dishonesty, indecency
or violence; or
(ii) been convicted of an offence under or has failed to comply with
the provisions of the Act of 1847 or of this Part of this Act; or
(b) any other reasonable cause.
(2)
(a) Where a district council suspend, revoke or refuse to renew any licence
under this section they shall give to the driver notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew such licence within fourteen days of such suspension, revocation or refusal and the driver shall on demand return to the district council the driver's badge issued to him in accordance with section 54 of this Act.
(b) If any person without reasonable excuse contravenes the provisions of this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [level 1 on the standard scale].
(3) Any driver aggrieved by a decision of a district council under this section may appeal to a magistrates' court.
Author:  car3 [ Wed Apr 11, 2012 4:55 pm ]
Post subject:  Re: Advice needed!!
cheers for that, i thought they were being a bit heavy handed!!
Author:  car3 [ Wed Apr 11, 2012 5:01 pm ]
Post subject:  Re: Advice needed!!
hate dealing with public sector personnel, in the private sector i doubt they could even hold a job at mc donalds sweeping floors! thats if they ever came off the sick and turned up! :badgrin:
Author:  Sussex [ Wed Apr 11, 2012 8:35 pm ]
Post subject:  Re: Advice needed!!
car3 wrote:
My badge renewal was refused due to accruing 6 penalty points in a 12 month period even though I've had none since 2005! Can they legally do this? Their reason was that I wasn't learning my lesson and that I was no longer " fit and proper"

You need to appeal, and try to ensure you can work in the period leading up to the hearing.
Author:  captain cab [ Wed Apr 11, 2012 8:58 pm ]
Post subject:  Re: Advice needed!!
I wonder if the chap has broke a condition of license....whereby he must inform the council of offences during the course of the year?

CC
Author:  car3 [ Thu Apr 12, 2012 10:18 am ]
Post subject:  Re: Advice needed!!
I did inform them, however not within their 2 week limit. And in answer to other comment, I was refused my renewal 3 days before my badge lapsed!! Then had to wait a month til earliest panel hearing, didn't realise they could ban you BEFORE a hearing. Not happy, been out of work for 6 weeks now and really suffering financially
Author:  captain cab [ Thu Apr 12, 2012 10:27 am ]
Post subject:  Re: Advice needed!!
car3 wrote:
I did inform them, however not within their 2 week limit. And in answer to other comment, I was refused my renewal 3 days before my badge lapsed!! Then had to wait a month til earliest panel hearing, didn't realise they could ban you BEFORE a hearing. Not happy, been out of work for 6 weeks now and really suffering financially



They invoked and immediate suspension?

you should maybe have a chat with Neil Morley; http://www.travismorley.co.uk/
Author:  car3 [ Thu Apr 12, 2012 10:54 am ]
Post subject:  Re: Advice needed!!
Yep, before any hearing. Took the money though! Then decided not to renew badge til panel hearing. For six points!!!!!!
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