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| Defending a court case? http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=22499 |
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| Author: | cabby john [ Tue Jun 18, 2013 1:38 pm ] |
| Post subject: | Defending a court case? |
Councils in general seem to be quite liberal in pushing people towards a situation, leaving them no alternative but to take a court action...............IF THEY CAN AFFORD IT! In many cases they cannot, so they have to more often than not abide by a "Bullied" decision. I am thinking; When we as taxi drivers take a court action against what we believe to be a wrongful "Licensing" decision, and win the case - are they the "licensing department" allowed to use taxi "License Fees" to defend the action/pay their losing bill? I am wondering as to where the money comes from, for them to defend a case against us. |
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| Author: | roythebus [ Tue Jun 18, 2013 2:03 pm ] |
| Post subject: | Re: Defending a court case? |
I've got a case going against my LC at the mo. One of the local district councillors reckon when a case is challenegd they cave in as they ain't got the money to fight it and their legal department's crap anyway. I should know, I've already challenged them on 7 parking tickets and won against their legal eagles every time!! 
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| Author: | Sussex [ Tue Jun 18, 2013 7:53 pm ] |
| Post subject: | Re: Defending a court case? |
cabby john wrote: I am thinking; When we as taxi drivers take a court action against what we believe to be a wrongful "Licensing" decision, and win the case - are they the "licensing department" allowed to use taxi "License Fees" to defend the action/pay their losing bill? Other than the time already paid for officers in the licensing team, I think, if we go by the Guildford District Auditor's version of the law, they shouldn't charge the costs to the licensing budget. But many still do. |
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| Author: | Sussex [ Tue Jun 18, 2013 7:55 pm ] |
| Post subject: | Re: Defending a court case? |
roythebus wrote: One of the local district councillors reckon when a case is challenegd they cave in as they ain't got the money to fight it and their legal department's crap anyway. There is an element of truth there. But folks should only go to court as the really last resort. The ombudsman is the place to go before court. |
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| Author: | cabby john [ Tue Jun 18, 2013 8:45 pm ] |
| Post subject: | Re: Defending a court case? |
Quote: The ombudsman is the place to go before court. Tbh I am not a fan of the Ombudsman. With those people it is whether they like you or NOT. Unfortunately they do not always deal with what is right, and what is not right, with many of them up their own backsides. It is possible to taint your own case by going to them, as you are supposed (it certainly used to be) to take whatever verdict/decision that they come to, as their decision used to (I believe) prohibit you/me going any further i.e court. The other side of the coin being; If you lost the verdict with them and then went to court......then I am sure that someone would drop it in some-one's ear........."You've heard that they lost this case re the ombudsman....haven't you" 
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| Author: | Chiman [ Wed Jun 26, 2013 11:11 pm ] |
| Post subject: | Re: Defending a court case? |
If it is any help, policy issues should be taken to the Ombudsman or judicial review. Whereas particular licensing decisions may be challenged through the Appeal process at Magistrates or Crown Court. Both routes will involve costs on both sides to challenge a decision. |
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