Taxi Driver Online

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Ring me

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

well was I right or was I right

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Mr T you were right.

I was right too.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

I know

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

The local press and social media to drag the tvvat over the hot coals

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Of all the things ive lost, i miss my mind the most

Thank you all, your help and advice has been immense.
Special thanks also to Mr T. who's advise is highly valued and appreciated.

With consideration to my own imminent relicensing, I have decided to delay issuing proceedings until my renewals are complete in mid Jan.
I know I am supposedly protected from any backlash, but experience has taught me that you trust them at your peril.

Was the perp of this case a limited company or an individual? If the former you can always take action against the company for what it's worth, which is probably very little. If the actual "individual owner" has done a runner, move on.

Hi All

Latest update.

I have sent a Corporate Complaint to Babergh District Licensing Dept on Monday 27 March, accusing them of negligence and a failure in Duty of Care towards myself and the general public.

Copied in the CEO of the council and the local MP, so will see what happens next.

Company is LTD and I am very confident I would win against them, but it would be a pyrrhic victory as have proven very good at hiding assets.

A question arises from all this, legal advice!
In fighting the charge of no insurance, I was advised by many and 2 solicitors told me it was an absolute charge of which I was guilty. I needed to accept the charge and plead guilty but then appeal under special circumstances. This is no defence but an attempt to mitigate the penalty.
Only 1 solicitor said differently. His representation to the police on my behalf had them review and drop the charge against me before we even get to court.

It is our submission that as per Section 143(3) of the Road Traffic Act 1988 Mr XXXXXX has a full defence to the allegation. Section 143 (3) of the Road Traffic Act 1988 states that a person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan, that he was using the vehicle in the course of his employment and that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1). For your ease we attach the extract from the section cited.

Feroz Bhimani, Caines Law (brilliant)

So my question is, do we have good quality legal representation available to us within the industry?
Is there a league table of taxi lawyers?

So I take it, you are asking the council to reimburse you for all the costs you have incurred that you shouldn’t have incurred lf they had done the job properly, considering licensing officers and personnel are paid to do just that, what your costs and expenses only you know, good luck T

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

There are many licensing lawyers, or should I say pretend to be licensing lawyers, but is your matter a licensing matter or a stupid council matter?

Personally, I wouldn't go down the lawyer route.

When you get your response from the council I would then complain via the Local Government Ombudsman process.

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IDFIMH

Thanks Mr T.
This is as discussed before, just delayed while I went through renewals, pretty much as last seen before xmas.
New licensing officer now, sorting out the mess of the previous one who got demoted!

Thanks also Sussex.
I don't want to go down the lawyer route, seems that is a coin flip on how good the one you choose is!
One that came very highly recommended within the trade gave me poor advice that would have seen me plead guilty and carrying points

The deciding factor to me is that the LGO will cost you SFA.

And the council will never appeal against adjudication from them.

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IDFIMH

Good Evening folks, the saga continues

So I have fired off my corporate complaint to the local authority and received a response in the form of a rebuttal

Disappointing but hardly a surprise

So to recap, the vehicle in question was insured on a domestic policy not hire and reward. Babergh are trying to shift responsibility away from themselves for not checking, and onto the operator for making a fraudulent application.

Our licensing policy document is a wonderous thing in its own right, but on the issue of licensing a vehicle it says this...

9.2.4
Documentation, which MUST accompany the application form.
• REGISTRATION BOOK (which must show the vehicle as belonging to the applicant either
wholly or jointly with any other person(s) hereinafter described as proprietor(s) thereof);
• INSURANCE CERTIFICATE (showing the appropriate wording for the vehicle (hire and
reward, public hire or private hire) – (if a cover note, licence holders will be required to
produce further insurance certificates on or before the expiry of the cover note), this is also to
include Insurers Policy book and details of Third-Party Liability Cover;

Babergh in dismissing my claim against them have this to say...

I have reviewed the file and can see that the insurance certificate provided at the time of renewal does not state that it is a domestic policy only. The certificate states that the vehicle is insured and that you are the policyholder.
The application for a vehicle renewal has a signed declaration that the applicant must sign to confirm that the vehicle has the correct insurance in place. In this instance, this was Sudbury Cab Company and the operator has signed to confirm the correct insurances are in place.
Vehicle insurance is requested for new applications and renewals, however, the onus is on both the licence holder and any licensed driver using the vehicle to ensure the correct insurance is in place. This applies for the lifetime of the licence which in the case of a vehicle is one year.
I do acknowledge that you were unaware that the insurance was in your name and that this has been reported to the Police Fraud Unit. Appropriate action will have been taken at the time against the Operator. The operating licence has been transferred since this incident, which is why it is still operational.

So, the insurance certificate said just that, Certificate of Insurance, nothing more
It did not say what type of insurance or for what purpose or for level of cover, comprehensive, third party, nothing, yet the licensing requirement specifically requires it to clearly state.....
• INSURANCE CERTIFICATE (showing the appropriate wording for the vehicle (hire and
reward, public hire or private hire)

So onto the next phase of this wonderful saga, lets start with this


The application for a vehicle renewal has a signed declaration that the applicant must sign to confirm that the vehicle has the correct insurance in place.
They appear to be relying heavily on this line and trying to place the onus of responsibility on the operator to cover the fact that they didn't check it.
Since when can an authoritative body delegate its responsibility onto the companies and people they are charged with policing?
Isn't this like a copper trusting a criminal with the handcuffs?

Next move under consideration, advice welcome as always

I would be getting in touch with the local radio stations and the local newspapers and let them put the pressure onto the council. Yep that’s what I would do.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!