Taxi Driver Online :: View topic - urgent help required re;judicial review

i'm taking my local council to court regards plate increases and need some advice.i' m sure i've read some topics from JD regarding who' a good lawyer etc.would be most grateful if JD could assist or anyone else who know's about these things

is there any database available of what councils are charging across the UK?

surely a comparison of that plus any recent increases of above the rate of inflation would be handy...?

i'm taking my local council to court regards plate increases.....

hantshog wrote:

No one has ever won a case against a council who has made a lawful democratic decision with regards to a numbers policy. The best you can hope for is delaying such a policy but only if a council has failed to conduct the process democratically. If you did happen to get an injunction then the council would only repeat the democratic process but this time within the law, as was the case in Watford. The end result is always the same.

I assume your enquiry concerns a council who wishes to increase numbers as against one that is trying to restrict numbers?

Regards

JD

I might be wrong.... but I am under the impression... that Pat Conner and the taxi trade in Manchester had a very good win some years ago

wannabeeahack wrote:

is there any database available of what councils are charging across the UK?

surely a comparison of that plus any recent increases of above the rate of inflation would be handy...?

I think you have got the wrong end of the stick on this thread. :wink:

sorry i didn't make myself clear.....i'd like to challange my council on the decision they made to increase the cost of licence plates.basically there are 4 points that i would like to challenge;
1.)the increase is twice the rate of inflation(C.P.I.)
2.)no consultation with the trade took place.although according to the chief exec. a public notice in the local paper constitutes a consultation with ALL drivers.
3.)the price of plates are not reasonable compared to other neighbouring LA's.(the LA bordering this borough are almost £50 pound cheaper and have been frozen for 3 years.we now pay £223 per annum.
4.)no calculations appear to have been made as to the actual cost of administering a plate.
there are other arguments but these are the main points

Author:	hantshog [ Tue Jun 24, 2008 4:44 pm ]
Post subject:	urgent help required re;judicial review
i'm taking my local council to court regards plate increases and need some advice.i' m sure i've read some topics from JD regarding who' a good lawyer etc.would be most grateful if JD could assist or anyone else who know's about these things

Author:	MR T [ Tue Jun 24, 2008 5:02 pm ]
Post subject:
Before anybody could offer any advice they would need to know the full story..... accurately.... and not just the bits you feel you would like us to know..

Author:	wannabeeahack [ Tue Jun 24, 2008 5:27 pm ]
Post subject:
is there any database available of what councils are charging across the UK? surely a comparison of that plus any recent increases of above the rate of inflation would be handy...?

Author:	JD [ Tue Jun 24, 2008 7:13 pm ]
Post subject:	Re: urgent help required re;judicial review
hantshog wrote: i'm taking my local council to court regards plate increases and need some advice.i' m sure i've read some topics from JD regarding who' a good lawyer etc.would be most grateful if JD could assist or anyone else who know's about these things No one has ever won a case against a council who has made a lawful democratic decision with regards to a numbers policy. The best you can hope for is delaying such a policy but only if a council has failed to conduct the process democratically. If you did happen to get an injunction then the council would only repeat the democratic process but this time within the law, as was the case in Watford. The end result is always the same. I assume your enquiry concerns a council who wishes to increase numbers as against one that is trying to restrict numbers? Regards JD

Author:	Sussex [ Tue Jun 24, 2008 8:26 pm ]
Post subject:
wannabeeahack wrote: is there any database available of what councils are charging across the UK? surely a comparison of that plus any recent increases of above the rate of inflation would be handy...? I think you have got the wrong end of the stick on this thread.

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Author:	Sussex [ Tue Jun 24, 2008 8:27 pm ]
Post subject:	Re: urgent help required re;judicial review
hantshog wrote: i'm taking my local council to court regards plate increases and need some advice.i' m sure i've read some topics from JD regarding who' a good lawyer etc.would be most grateful if JD could assist or anyone else who know's about these things On what grounds are you challenging your council?

Author:	Renfrewshire Driver [ Wed Jun 25, 2008 8:07 am ]
Post subject:	Re: urgent help required re;judicial review
hantshog wrote: i'm taking my local council to court regards plate increases..... You cant stop progress i.m.o.

Author:	JD [ Wed Jun 25, 2008 8:25 am ]
Post subject:
Each element of the law is settled on the numbers game, therefore it contains no hidden mysteries or magic formula for changing what is already established. No doubt you concede that the Council has the power to make the decision that it did and no doubt the council will concede that it could only make that decision if it followed lawful procedures. In that case the question for the judge will be centred on whether or not the council in arriving at their decision did so lawfully? You should know the answer to that before you apply for Judicial review. Regards JD

Author:	MR T [ Wed Jun 25, 2008 5:21 pm ]
Post subject:	Re: urgent help required re;judicial review
JD wrote: hantshog wrote: i'm taking my local council to court regards plate increases and need some advice.i' m sure i've read some topics from JD regarding who' a good lawyer etc.would be most grateful if JD could assist or anyone else who know's about these things No one has ever won a case against a council who has made a lawful democratic decision with regards to a numbers policy. The best you can hope for is delaying such a policy but only if a council has failed to conduct the process democratically. If you did happen to get an injunction then the council would only repeat the democratic process but this time within the law, as was the case in Watford. The end result is always the same. I assume your enquiry concerns a council who wishes to increase numbers as against one that is trying to restrict numbers? Regards JD I might be wrong.... but I am under the impression... that Pat Conner and the taxi trade in Manchester had a very good win some years ago

Author:	JD [ Wed Jun 25, 2008 5:48 pm ]
Post subject:	Re: urgent help required re;judicial review
MR T wrote: I might be wrong.... but I am under the impression... that Pat Conner and the taxi trade in Manchester had a very good win some years ago The council were told to consult and that's what they did, much in the same way as happened in Watford. The council still issued licenses, albeit after consultation a smaller amount than they originally proposed. If they had a mind to they could have issued as many as they liked, I'm afraid that's how current case law stacks up. Jim Button and Hazel Blears were the solicitors in charge of licensing in those days and Jim button said Manchester has some of the most knowledgeable taxi drivers in the country in respect of taxi licensing. He might not recall that but it is on the record in black and white. Regards JD

Author:	hantshog [ Wed Jun 25, 2008 7:37 pm ]
Post subject:
sorry i didn't make myself clear.....i'd like to challange my council on the decision they made to increase the cost of licence plates.basically there are 4 points that i would like to challenge; 1.)the increase is twice the rate of inflation(C.P.I.) 2.)no consultation with the trade took place.although according to the chief exec. a public notice in the local paper constitutes a consultation with ALL drivers. 3.)the price of plates are not reasonable compared to other neighbouring LA's.(the LA bordering this borough are almost £50 pound cheaper and have been frozen for 3 years.we now pay £223 per annum. 4.)no calculations appear to have been made as to the actual cost of administering a plate. there are other arguments but these are the main points

Author:	MR T [ Wed Jun 25, 2008 7:44 pm ]
Post subject:
I have only ever heard bits-and-pieces of what actually happened.. it would be interesting to read the case..... and maybe this is were the term Managed Growth originated. and I agree with what you have said regarding taking the council to court.. a very blinkered view... it's lose lose all-round. and expensive

Author:	MR T [ Wed Jun 25, 2008 7:53 pm ]
Post subject:
1 How many private drivers are there..... how much is their Licence per year. 2 How many private hire vehicles are there... how much is the Licence per vehicle 3 How many hackney drivers are there... how much is their Licence per year 4 how many hackney vehicles are there... how much is the Licence per vehicle.. 5 how many licensing staff are there.. and who else is employed. 6 Are there any other charges you incur .

Author:	Sussex [ Wed Jun 25, 2008 8:42 pm ]
Post subject:
Sussex wrote: wannabeeahack wrote: is there any database available of what councils are charging across the UK? surely a comparison of that plus any recent increases of above the rate of inflation would be handy...? I think you have got the wrong end of the stick on this thread. I take that back Mr wannabee, it was me that got the wrong end.

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Author:	Sussex [ Wed Jun 25, 2008 8:47 pm ]
Post subject:
hantshog wrote: sorry i didn't make myself clear.....i'd like to challange my council on the decision they made to increase the cost of licence plates.basically there are 4 points that i would like to challenge; 1.)the increase is twice the rate of inflation(C.P.I.) 2.)no consultation with the trade took place.although according to the chief exec. a public notice in the local paper constitutes a consultation with ALL drivers. 3.)the price of plates are not reasonable compared to other neighbouring LA's.(the LA bordering this borough are almost £50 pound cheaper and have been frozen for 3 years.we now pay £223 per annum. 4.)no calculations appear to have been made as to the actual cost of administering a plate. there are other arguments but these are the main points Going to Judicial Review would be a large expense for this IMO, as an advert in the local press is all they need to do under the act. What you could do is ask under the FoI act for a break-down of licensing expenditure and income. If after looking it looks a bit iffy, then complain to the Audit Commission. http://www.audit-commission.gov.uk/ Have you approached any members of the licensing committee with your concerns?