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charles007
 Post subject: Penalty Points
PostPosted: Tue May 29, 2012 4:07 pm 
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24/05/12
PENALTY POINTS SCHEME RULED UNLAWFUL

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The High Court has this week ruled a "penalty points" scheme operated by a local authority to be unlawful
Category: Taxis/ Private Hire
Posted by: Thompson

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captain cab
 Post subject: Re: Penalty Points
PostPosted: Wed May 30, 2012 8:30 am 
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charles007 wrote:
24/05/12
PENALTY POINTS SCHEME RULED UNLAWFUL

--------------------------------------------------------------------------------

The High Court has this week ruled a "penalty points" scheme operated by a local authority to be unlawful
Category: Taxis/ Private Hire
Posted by: Thompson



interesting....any more news on this?

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captain cab
 Post subject: Re: Penalty Points
PostPosted: Wed May 30, 2012 4:10 pm 
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http://www.whatdotheyknow.com/request/t ... s?unfold=1

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charles007
 Post subject: Re: Penalty Points
PostPosted: Wed May 30, 2012 5:05 pm 
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No it was on N.A.T.P.H.L.E.O, I have ask our Barrister if he can find out, i hope its true could put the wind up a few councils, and not before time.

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charles007
 Post subject: Re: Penalty Points
PostPosted: Wed May 30, 2012 5:09 pm 
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captain cab wrote:
http://www.whatdotheyknow.com/request/taxi_driver_complaints?unfold=1


That is good but could have gone further in my opionon

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charles007
 Post subject: Re: Penalty Points
PostPosted: Fri Jun 01, 2012 11:32 am 
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Ho come on you wiszers have you not found the case yet, i gone ever site i cant find it.

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captain cab
 Post subject: Re: Penalty Points
PostPosted: Fri Jun 01, 2012 3:28 pm 
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charles007 wrote:
Ho come on you wiszers have you not found the case yet, i gone ever site i cant find it.



aint found it yet Charles

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oldbloke
 Post subject: Re: Penalty Points
PostPosted: Thu Jun 07, 2012 2:31 pm 
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captain cab wrote:
charles007 wrote:
Ho come on you wiszers have you not found the case yet, i gone ever site i cant find it.



aint found it yet Charles


A judicial review taken against Cardiff City Council has found that the penalty point system employed by the council is unlawful.

In reaching its decision, the Judge criticised the penalty points scheme as it consider that the “totting up” of points removed discretion from the Committee when the final decision came to revoke a licence.

The Judge felt that the scheme, as operated, did not allow the council’s licensing committee to consider if a driver was a ‘fit and proper person’ as “no consideration is required of the underlying facts which lay behind of imposition of earlier points.... At worst the question could be reduced to a mathematical one”.

In other words, when considering the revocation of a drivers licence, all the facts should be considered – including the ones which led to previous penalty points being applied, as well as the most recent incident leading to the committee hearing. The final decision on the licence should then be made in light of the statutory “fit and proper” test.

The final decision must be made in the full knowledge of the historical facts, and that protection must be written into any scheme, rather than it simply being left to totting up historical points and knowing the details of the final incident.

The Judge also felt that it was wrong that the Scheme did not refer to the statutory alternative remedy of suspension rather than revocation. In Cardiff suspension been regarded as an interim protective measure to be taken pending a final decision, but the Judge felt that suspension could be used an alternative remedy to revocation under the statute, and the Scheme should have recognised this.

The Judge did agree that a penalty points system in theory would not necessarily be unlawful. He said it was useful to have policy to demonstrate how the Council exercises its discretion in relation to Section 61.

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charles007
 Post subject: Re: Penalty Points
PostPosted: Sat Jun 09, 2012 9:43 am 
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oldbloke wrote:
captain cab wrote:
charles007 wrote:
Ho come on you wiszers have you not found the case yet, i gone ever site i cant find it.



aint found it yet Charles


A judicial review taken against Cardiff City Council has found that the penalty point system employed by the council is unlawful.

In reaching its decision, the Judge criticised the penalty points scheme as it consider that the “totting up” of points removed discretion from the Committee when the final decision came to revoke a licence.

The Judge felt that the scheme, as operated, did not allow the council’s licensing committee to consider if a driver was a ‘fit and proper person’ as “no consideration is required of the underlying facts which lay behind of imposition of earlier points.... At worst the question could be reduced to a mathematical one”.

In other words, when considering the revocation of a drivers licence, all the facts should be considered – including the ones which led to previous penalty points being applied, as well as the most recent incident leading to the committee hearing. The final decision on the licence should then be made in light of the statutory “fit and proper” test.

The final decision must be made in the full knowledge of the historical facts, and that protection must be written into any scheme, rather than it simply being left to totting up historical points and knowing the details of the final incident.

The Judge also felt that it was wrong that the Scheme did not refer to the statutory alternative remedy of suspension rather than revocation. In Cardiff suspension been regarded as an interim protective measure to be taken pending a final decision, but the Judge felt that suspension could be used an alternative remedy to revocation under the statute, and the Scheme should have recognised this.

The Judge did agree that a penalty points system in theory would not necessarily be unlawful. He said it was useful to have policy to demonstrate how the Council exercises its discretion in relation to Section 61.


Thank you for that but do you any information case no and were

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Brummie Cabbie
 Post subject: Re: Penalty Points
PostPosted: Sat Jun 09, 2012 9:50 am 
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It's on the IoL site but you need to login as a member to view the page;

http://www.instituteoflicensing.org/art ... awful.html

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charles007
 Post subject: Re: Penalty Points
PostPosted: Sat Jun 09, 2012 11:44 am 
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thank you.

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charles007
 Post subject: Re: Penalty Points
PostPosted: Sat Jun 09, 2012 1:33 pm 
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that just cost me ****** you know its about time i started charging

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captain cab
 Post subject: Re: Penalty Points
PostPosted: Tue Jun 12, 2012 7:58 pm 
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is the free version of this case available anywhere?

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captain cab
 Post subject: Re: Penalty Points
PostPosted: Tue Jun 12, 2012 8:05 pm 
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The committee are to discuss it on 12th June;

The following items contain exempt information under the Local Government Act 1972

11. Judicial Review – report attached

12. Hackney Carriage/Private Hire Applications – report attached

13. Legal Proceedings and Enforcement Actions – report attached

quite how the information is exempt under the local government act 1972 is beyond the ken of many a man :roll:

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Sussex
 Post subject: Re: Penalty Points
PostPosted: Tue Jun 12, 2012 8:07 pm 
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captain cab wrote:
quite how the information is exempt under the local government act 1972 is beyond the ken of many a man :roll:

You make an interesting point as the committee is a 'quasi judicial' body, and anything dealt with in court is meant to be open and transparent.

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