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I can't put the scans up yet, I am working on that. They will follow.
Time went by, then in April 2014 I was notified that I would be prosecuted.
I decided, with some able help from the PLTA, to defend myself.
I told other Drivers that I was to be prosecuted. One said, "Your joking, he (Mr Netherton) said it's OK at the meeting". I was confused - this driver does not attend the Trade Meetings. He said at the AGM and I knew I had recorded that, had I kept the recording. You can see from the transcript that I had.
I supplied the salient part of recording to Mr Netherton.
I produced my (First) statement......
I am the person named above. I have been a Taxi Driver in the City of Plymouth since May 2002. I am also the Secretary of Region 8 of the National Taxi Association (NTA) and Vice-Chairman of Plymouth Licenced Taxi Association (PLTA).
I stand accused that on 27 November 2013 I was in breach of 7(b) of the Byelaws of Plymouth City Council (PCC) in that I was the 4th Taxi on the Rank in Whimple Street Plymouth. This was indeed the case, however I had been led to believe by Mr Andrew Netherton of PCC that this was acceptable behaviour and had passed this information to Colleagues in the Taxi Trade. I had been told in Trade and Council meetings which included other than myself and Mr Netherton, Mr David Hughes PCC, Mr Roy Hamilton PLTA and Mr John Beaumont PLTA that no action would be taken by PCC for breaches of 7(b) involving 1 or 2 Taxis as long as the Public were not obstructed with a view to “Moving Ranks” not being impeded. I rely on those present to confirm that un-minuted statements were made, prior and subsequent to 27 November 2013. I did not obstruct the public on 27 November 2013.
I am in the habit of recording meetings as in my duties as Secretary of Region 8 NTA I find it an invaluable aid to constructing minutes. Mr Netherton has previously objected to my recording Trade Meetings, the one recording I made of a Trade meting I erased in his presence and later sent him an apology by email which included an undertaking not to record at future meetings. I therefore have no recording of Trade Meetings at all.
After I was informed that I was to be “Summonsed to Appear” at the Magistrates Court, I told Colleagues. One Driver in Particular, Name Withheld, was incredulous. He said words to the effect that Mr Netherton had said at the meeting that the actions of which I am accused were “OK”. I was at first confused as Name Withheld had never attended a Trade Meeting but he pointed out that the meeting to which he referred was the Annual General Meeting of the PLTA. This AGM was held on 11 June 2013. I had recorded the meeting in question with the permission of the Chairman, John Beaumont. I have always asked permission to make recordings since the problem at the Trade Meeting. I found that I had still got the recording, on the Dictaphone that I had used and that I had copied it to my PLTA and Personal Computer. I have been careful not to let Name Withheld hear the recording so that if the Court wishes, they can ask him for his memory of it. Mr Name Withheld who also attended has confirmed to me that he too has a clear memory of the statement made. Of the other attendees, some have a memory of the statement, some a limited memory, some do not recall it at all. I will request that Name Withheld and Name Withheld make a statement to support this. I believe approximately 20 members were in attendance.
I freely admit that prior to my reviewing the recording I was not aware that it was actually stated at the AGM. It is possible that I had left the room at the relevant time to check that the subsequent guest speaker was comfortable, this being a duty for me in my capacity as Vice-Chairman. The recording does clarify the stance taken by Mr Netherton on behalf of the PCC. Permission for what I did was granted, enforcement action would not follow, Licensing Officers had been told.
During 2013, as a result of the punitive action being taken by the Authorities, both Police and PCC, I took it on myself to produce a leaflet which I distributed to Taxi Drivers and it was later agreed to by the PLTA. During my issuing of the hand out, two Officers of Devon and Cornwall Police requested that I desist. I insisted that I continue and did so. I freely admit that in attempt to encourage Drivers to read it, it was deliberately inflammatory. It did achieve one thing, the PLTA had repeatedly asked for a meeting with Senior Police Officers to no avail. The Police now requested a meeting with the PLTA. Unfortunately the meeting involved more of being talked at by the Police rather than discussing with the Trade.
I attach as evidence, marked “CRW1” a copy of the hand-out.
It is possible that this leaflet and its distribution has made me a target of the Authorities, both Police and PCC. I do point out however, that I actively discouraged, within the document itself, Taxi Drivers Over-Ranking, using Ranks out of Hours and failing to wear the required Drivers Badge.
The Police do not seem to recognise the Town Police Clauses Act 1847 Section 66. Despite the 2006 Fraud Act, Police Officers do all they can to turn Arrestable Offences into Civil Matters to the point where getting any Police assistance at all is remarkable. I am currently assisting a PLTA member who was the victim of “Bilking”. Devon and Cornwall Police refused to accept that a crime had been committed at all. We were directed to the National Fraud Office (NFO). The NFO accepted that it was a crime, gave it a crime number and passed it back to the Local Police Force. The Local Police now say they can’t trace the information. Why this is the case, I do not know. If I was a cynic I would suggest that the Police massage crime figures to ensure good statistics.
The PLTA have twice written to the Chief Constable who has yet to arrange a meeting. The Association has also asked the Police Crime Commissioner to have a meeting, also to no avail.
In April 2013 I did break byelaw 7(b) in that I was over-ranking on Whimple Street. I did not do so again until I was told that it was acceptable. Since 27 November 2013 I have not done so again.
My Colleague and Chairman of the PLTA, Mr John Beaumont was told by 2 PCC Licensing Officers on 30th April 2014 that a Zero Tolerance Policy was in effect from then, they asked him to disseminate that information and I have assisted in this dissemination. If they needed to do that, is it not correct that prior to that, a situation of at least limited toleration must have existed?
On the evening of 27th November 2013 I entered Whimple Street. I presume (I say presume because I have no clear memory and it would only be my standard practice) that I indicated to the first Taxi on that Rank that a space was available on the Old Town Street Rank either because I had seen it to be the case or I was informed by Radio. It is normal strategy amongst Taxi Drivers to use Whimple Street as a “Feeder Rank” for the busier Old Town Street Rank. I also presume that I may have been aware by Radio that a further space or spaces was imminently to become available because a Cab or Cabs had departed Old Town Street with passengers. I therefore positioned myself to cause no obstruction and readied myself to join the back of the Rank in short order. I am a smoker and usually vacate my Cab and smoke at every single opportunity, I did not do so and I am therefore convinced that a move was imminent. I moved over to the rear of the Rank, Mr Forshaw says in his statement within 3 minutes, I think it could actually be less. The second Taxi to leave the Rank may have done so because I informed the Driver by flashing my headlights, which is why I would have aimed my Cab at his, that another space was available. I then moved onto the rear of the Rank.
In line with my hand out, when approached by the Licensing Officer I told him that I would be recording our meeting. He made no objection. On the recording that I made which was obviously contemporaneous, he says that he waited 30 or 40 seconds before he approached me. In his statement this is now shown as 4 minutes. He also stated that he must treat all the same. (In my capacity on the Committee of the PLTA I have more interaction with Licensing Officers than the majority of Taxi Drivers and therefore know Mr Forshaw.) I have wondered since the incident why the 2 Taxis in front of me had not been dealt with by these 2 Officers. It has been stated that others previously had been dealt with and had been sent off the Rank. I cannot do other than consider that when I entered Whimple Street I was in fact targeted even if unconsciously by the Officers and so my 2 predecessors (those in excess of 3) on the Rank had to be ignored until I was I a position to be given a ticket.
By the time I was issued with the ticket, two more Taxis had left the Rank, I was therefore now second and as I moved to this position I was informed that yet another space was now available on Old Town Street (this too is on the recording that I made). It can be clearly demonstrated that the Rank was moving swiftly which I consider was what Mr Netherton had intimated at Trade Meetings and again at the PLTA AGM.
In the PACE interview, at page 8, approximately 66% through the long oration by Mr Forshaw, he says that I am seen as someone who keeps the trade on their toes, keeps them informed of enforcement action and I move people up on the Ranks. I can only concur.
Early in my Taxi Career I was instrumental in devising ways to make the over-ranking that was happening on Derrys Cross Roundabout disappear by suggesting the positioning of Taxi Ranks in such a way as to allow a line of sight from Rank to Rank to obviate the problem. Along with my PLTA Committee colleagues I have tried to achieve a similar result for Old Town Street and Whimple Street in conjunction with PCC, unfortunately to no avail so far. I continue to give this ongoing problem my full attention. Mr Forshaw, I am aware, is also spending a lot of time and effort to produce a solution to this question and I and the Trade generally hope that between us we can find an answer.
Old Town Street and consequently Whimple Street as a feeder Rank is the busiest place for Taxi Drivers to Ply for Hire. In his statement Mr Forshaw suggests the closest Ranks to Whimple Street are Exeter Street and Bretonside. The closest is Old Town Street (but as he is aware of the feeder status of Whimple Street and that no space could be available at the rear of that Rank), the next closest (as the Crow flies) is Finewell Street, though by road I accept that it is in fact further distant.
One of the biggest problems for Taxi Drivers is the parking on Ranks of vehicles other than Taxis. Despite having the power in the Plymouth City Council Act 1975 to take action against drivers of these vehicles, PCC do not do so. There is no Traffic Regulation Order (TRO) in place so the Parking department take no action. The Police say, incorrectly, that Parking is not in their jurisdiction. Parking on a Taxi Rank is a criminal offence PCC Act S22 (3).
During weekdays the Rank in Finewell Street is inaccessible as a Prison Van is usually occupying the space set aside as a Taxi Rank. In Old Town Street at all hours, the Rank is illegally occupied by “Just” Ladies and Gentlemen. These People are “Just going to the Bank/Post Office/Nandos/Hole in the Wall”. This includes Police Officers who Park their Police Cars and adjourn to the emergency of getting cash from the ATM’s with which Old Town Street abounds. Various delivery vehicles on various Ranks around the City also preclude the use by Taxis, yet if a Taxi stops on a “Deliveries Only” space, a Parking Ticket is risked and often received. Taxi Drivers, legitimately on Ranks, including myself, have been asked by Police to vacate to give delivery vehicles a place to unload. Some Drivers acquiesce, I do not and will not.
The PLTA can document that a TRO for Taxi Ranks was first requested in 2005. Now, 9 years later, the TRO has been advertised in line with the rules for instituting a TRO, it is almost in place at last.
PCC have a duty, having taken fees for Hackney Carriage Driving Licences and Hackney Carriage Vehicle Licences, to ensure that the Ranks are available for use. The PCC could, but do not, give Licensing Officers, the powers to issue parking tickets to Rank transgressors, either with the Plymouth Act previously quoted or with various Road Traffic Acts, with or without TRO’s. The PLTA, on behalf of a member paid for and received a Legal Opinion. I attach this as evidence marked “CRW2”.
On receipt of my notice of intended summons I looked at the Internet with a view to see what was occupying Taxi Ranks. As the satellite and ground pictures do not show a time I limited myself to 24 hour operational Ranks. In the city centre only I found that 10 examples of vehicles other than Taxis were using the Ranks, I could not have contrived these pictures. I have had an in Car camera, unfortunately recently stolen when my Taxi was broken into, I have continued to add pictures as and when I could, sometimes the pictures do not produce a good still image, yet my portfolio increases in size nearly every day. I attach this as evidence marked “CRW3”.
I submit that my actions on 27 November 2013 were completely in line with the advice that I had received in good faith from Mr Netherton and therefore I should not be considered as guilty of any offence.
I also attach as evidence a CD containing, the sound file contemporaneous with the alleged offence, the sound file of Mr Netherton speaking at the PLTA AGM.
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