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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.

Author:	charles007 [ Tue May 29, 2012 4:07 pm ]
Post subject:	Penalty Points
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

Author:	captain cab [ Wed May 30, 2012 8:30 am ]
Post subject:	Re: Penalty Points
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?

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

Author:	charles007 [ Wed May 30, 2012 5:05 pm ]
Post subject:	Re: Penalty Points
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.

Author:	charles007 [ Wed May 30, 2012 5:09 pm ]
Post subject:	Re: Penalty Points
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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Author:	charles007 [ Fri Jun 01, 2012 11:32 am ]
Post subject:	Re: Penalty Points
Ho come on you wiszers have you not found the case yet, i gone ever site i cant find it.

Author:	captain cab [ Fri Jun 01, 2012 3:28 pm ]
Post subject:	Re: Penalty Points
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

Author:	oldbloke [ Thu Jun 07, 2012 2:31 pm ]
Post subject:	Re: Penalty Points
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.

Author:	charles007 [ Sat Jun 09, 2012 9:43 am ]
Post subject:	Re: Penalty Points
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

Author:	Brummie Cabbie [ Sat Jun 09, 2012 9:50 am ]
Post subject:	Re: Penalty Points
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

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

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

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

Author:	captain cab [ Tue Jun 12, 2012 8:05 pm ]
Post subject:	Re: Penalty Points
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

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