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PostPosted: Wed Jul 25, 2012 1:48 pm 
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Location: Warrington
My Friend who was a taxi driver was approached by 4 ppl who wanted to travel about 15 miles they didn’t had enough to pay up front so they paid 10 pounds plus the phone as deposit to the nearest cash point. Taxi driver took them to the cash point where they gave him rest of the amount and the phone was returned. When they arrived at their destination the passenger started arguing with the taxi driver that he not got his phone back, mean while other 3 passengers were out of the taxi. Taxi driver asked his friends to ring the number, which kept ringing but there was no light or ringing tune in the cab. Passenger who owned the phone refused to leave the taxi, taxi driver told him he will turn back and go to the police station to settle this to which passenger agreed. On the way taxi driver told him several times he not got his phone, his friends must have it. Passenger asked the driver to ring the phone from his mobile which he did but nothing happened, phone was still ringing. At this stage passenger got aggressive and put his hand through the money hole in eurocab, garbed the driver by his neck. Taxi driver pushed his hand away and started to drive on the main road to get to the police station or near town where he can get some help. Passenger who was really aggressive and was punching the protect shield opened the sliding door and swung out of the cab trying to open the drivers door which was locked. Then he started to punch the the window. Driver scared and tried to slow down as full brake will cause fatal injury to the passenger by the sliding door. After a distance driver realised everything was quite, he looked back in his cab and passenger wasn’t there and the door was still open. He turned back and found the passenger unbalanced , wounded and walking. Another private car stopped and rang the authorities. Taxi driver stayed there with the injured passenger and the couple of the private car. Taxi driver told the police the whole incident and they searched his car for the phone. He was asked to go home. 3 days later he was arrested on section 18 charges. The passenger statement was his was stolen by the driver and he fell out the taxi cause of the taxi drivers reckless driving while the doors was open. Passenger was hospitalized for fracture skull and a punctured lung. Driver was released on bail and got in touch with a law firm. The barrister appointed for the case was very confident to win the case in favour of the taxi driver. After a year on the court day, taxi driver was informed his barrister is busy so they have send a different barrister. On barrister's arrival prosecution laid an offer to plea guilty on GBH 20 which would be considered unintentional Grievous bodily harm for which he will get maximum of 16 months and spend 8 in prison and if the driver chose to pursue trial the charges will stay section 18 and could get up to 5 years. Barrister put both options to the driver and told him with his history and no convictions he might also just get suspended sentence. This new barrister wasn’t very confident of winning the case. After a long discussion with family and friends the poor taxi driver pleaded guilty to section 20. Weak point is this whole case was his stopping and turning back distance was over 300 or 400 yards. After 2 weeks he got sentenced for 16 months. He was in for 4 months and now on tag. I know the guy personally he is such a nice , down to earth person and always avoids arguments, troubles and fights. Any way council has revoked his badge, he met with the licensing officer and was told guide lines are if convicted for section 20 he is banned with in 10 years. He advised him to put a new application, go through the whole procedure and than it will be put to the licensing committee to decide how long he is banned for. Revocation letter has 21 days of appeal option to the magistrate court. Spoke to a lawyer to see if we can take this to the magistrate and just to find out how long he will be banned for, lawyer said magistrate wont do that, they will just refuse the appeal and will say the revocation was legal.

Now My questions:has any one had any knowledge of a similar case? Pls provide me with the Details and results.

Is there any other way where we can find out and get a time limit on his ban without going through the whole procedure and wasting the money?


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PostPosted: Wed Jul 25, 2012 3:04 pm 
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He shouldn't have pleaded guilty in the first place.

Now he has opened a whole 'can of worms'.

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PostPosted: Wed Jul 25, 2012 3:06 pm 
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And how could the passsenger open the rear doors when the cab was in motion.

They should be locked when in motion, so it appears his door locking was faulty.

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PostPosted: Wed Jul 25, 2012 3:07 pm 
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Try this guy;

viewtopic.php?f=5&t=19848

He's really good.

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PostPosted: Wed Jul 25, 2012 4:02 pm 
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Location: Warrington
Brummie Cabbie wrote:
And how could the passsenger open the rear doors when the cab was in motion.

They should be locked when in motion, so it appears his door locking was faulty.



his doors lock were faulty, but did pass mot. and yes he shouldn't have pleaded guilty.. but there no point on arguing about what he should have or shouldn't have done. i need advice on what to do now.


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PostPosted: Wed Jul 25, 2012 4:22 pm 
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Brummie Cabbie wrote:
Try this guy;

viewtopic.php?f=5&t=19848

He's really good.



I've heard lots of good things

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PostPosted: Wed Jul 25, 2012 10:16 pm 
Hmm, door not faulty, door opened by passengers getting out and remained open while ruck went on.


Right loops


Passenger had to open door, driver couldn't from where he was sat

Passenger got aggresive, driver has panic reaction as you would in those circumstances

Passenger ends up on the floor with injuries

Passenger asks cabbie to phone the phone, records should show this on his mobile and the fact neither heard it ring proves it wasn't in the cab, and it must've been live still for it to ring.


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PostPosted: Thu Jul 26, 2012 2:50 am 
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Location: Warrington
Doom wrote:
Hmm, door not faulty, door opened by passengers getting out and remained open while ruck went on.


Right loops


Passenger had to open door, driver couldn't from where he was sat

Passenger got aggresive, driver has panic reaction as you would in those circumstances

Passenger ends up on the floor with injuries

Passenger asks cabbie to phone the phone, records should show this on his mobile and the fact neither heard it ring proves it wasn't in the cab, and it must've been live still for it to ring.

thats right, he had the records and evrything. but he was unlucky and his barrister let him down


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PostPosted: Thu Jul 26, 2012 8:06 am 
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captain cab wrote:
Brummie Cabbie wrote:
Try this guy;

viewtopic.php?f=5&t=19848

He's really good.

I've heard lots of good things

So have I.

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Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
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PostPosted: Thu Jul 26, 2012 11:22 am 
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Joined: Wed Jun 06, 2012 1:28 pm
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Location: West Midlands
Thanks All,

Raz, i have replied directly to your email. Be glad to sit and discuss fully.

All the best.

Kuldip
www.taxilawyer.co.uk
kuldip@obiterlegal.com
01215722746

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www.obiterlegal.com
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07 575 575 494


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PostPosted: Thu Jul 26, 2012 7:36 pm 
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It's very easy for folks to say he shouldn't have pleaded guilty, but the idea of 5 years in prison is something that freezes the mind. However I'm not sure I would have pleaded guilty myself. :?

The council will have to judge every application on it's own merits, having regard to it's policies.

Would I spend money fighting this, maybe, but would I be surprised if the application failed in the end, no.

Just think how those four letter CCTV would have helped.

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PostPosted: Fri Jul 27, 2012 12:24 am 
Sussex wrote:
It's very easy for folks to say he shouldn't have pleaded guilty, but the idea of 5 years in prison is something that freezes the mind. However I'm not sure I would have pleaded guilty myself. :?

The council will have to judge every application on it's own merits, having regard to it's policies.

Would I spend money fighting this, maybe, but would I be surprised if the application failed in the end, no.

Just think how those four letter CCTV would have helped.



A friend of mine had this, only this time it was because two drunks didn't want to pay bank hols rates, he got pulled over because he was trying to offload asap and pulled out on an unmarked car, the officer was quite happy to just say be careful when one leant out the window and said errr you should see his driving, even went to court to make sure he got done, he could've appealled but like you say if he'd lost again he would've gone to prison, the genital public ain't they great, and he was one of the best cabbies I've ever worked with, would always help under the bonnet as he was a mechanic as well, treated the customers right and maintained his car well.


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PostPosted: Thu Aug 02, 2012 3:20 pm 
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A sad tale but of course I recognise theres no justice in Britain for WORKERS, many do not, having a good Barrister would have helped, and just maybe one from Unite RMT TSSA or GMB might have been a better option but he wasnt a member was HE.

I suspect that had he been and was let down like this that the Barrister responsible for this travesty would himself have been sued!

As for the travelling drink and drug fuelled scum you transport ABSOLUTE VERMIN is putting in mildly :evil: :evil: :evil: :evil:

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