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PostPosted: Mon Jul 21, 2008 2:04 am 
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JD wrote:
MR T wrote:
Just for JD.. :lol: :lol:


Why the, "just for JD" remark? Don't you think JD and everyone else on this forum knows the definition of a street and public place. We've only been through it about 50 times in the past.

By the way, that's about the third time you've posted that definition after I first posted the meaning over three years ago.

Regards

JD

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

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PostPosted: Mon Jul 21, 2008 11:37 am 
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Doc G wrote:
JD Said:
Quote:
I think all you guys quoting from the Birmingham Airport case should read it again.


Very respectfully gents, please elaborate further on this private land issue, as I am officially going off my rocker trying to understand this.

Does it matter, in our local case, that the club is out in the "sticks", and is unlikely to "attract passing trade"?

Does it matter that the club has laid a bus stop for their own scheduled route on site?

That there are other commercial buildings that use the car park during the day, and the car park is used for unrestricted vehicular traffic all the time?

Incidentally, to the best of my knowledge, is never "gated" in anyway, and (I guess obviously) not subject to their own byelaw's.

I am certain that our illustrious council is about to come up with a really wacky way of dealing with these issues, and our fighting fund is at about £2.73 at the last count!

________________________________________________________________
DocG


You should forget all about private roads and private land and concentrate on what constitutes a public place. For the purpose of plying for hire you will find that a public place is anywhere the public gather in numbers whether that be on private or public land. You should then take into account whether or not the vehicle, or vehicles and their drivers are there for the purpose of a private booking or are there to exhibit themselves for the purpose of soliciting custom.

There is nothing complicated about the law in respect of soliciting and plying for hire, the two go hand in hand.

Your problem is that you cannot convince your licensing department to enforce the illegal activity which you allege is taking place. The problem you face is echoed all around the country and I will tell you now, that your licensing department is no different from any other because just like all the rest they do not have the time and resources to eradicate the problem, permanently.

Regards

JD

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PostPosted: Mon Jul 21, 2008 11:51 am 
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For the purpose of plying for hire you will find that a public place is anywhere the public gather in numbers whether that be on private or public land.




even better

now define "numbers".....

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PostPosted: Mon Jul 21, 2008 12:09 pm 
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wannabeeahack wrote:
Quote:
For the purpose of plying for hire you will find that a public place is anywhere the public gather in numbers whether that be on private or public land.




even better

now define "numbers".....


Numbers can be defined as being large, medium or small, even perhaps two people could constitute a number for the offence of plying for hire? However making oneself available to the public has so far been enough satisfied the courts that a vehicle and driver can be plying for hire regardless of the definition of numbers.

Regards

JD

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PostPosted: Mon Jul 21, 2008 6:25 pm 
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theres a lot to this taxi driving lark int there... :lol: :lol: :lol: :lol: :lol:


numbers"S" must be in the plural, i.e. more than 1

so ill only take a hail from a single person then

what happens if they then appear with 6 mates though, who didnt hail me...


8)

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PostPosted: Mon Jul 21, 2008 6:33 pm 
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wannabeeahack wrote:
theres a lot to this taxi driving lark int there... :lol: :lol: :lol: :lol: :lol:


numbers"S" must be in the plural, i.e. more than 1

so ill only take a hail from a single person then

what happens if they then appear with 6 mates though, who didnt hail me...


8)


I wouldn't worry too much about the numbers, just make sure that when you pick up off the street, you are licensed to do so.

Regards

JD

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PostPosted: Mon Jul 21, 2008 6:38 pm 
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Another two private hire in Southport have just been whacked for £900 plus costs and six points on the licence.................. one lucky chappie a week or two ago................. has managed to get himself stopped twice on the same night.... so that should be a £1,800 plus 12 points...... bye bye... bye-bye ...

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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!


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PostPosted: Mon Jul 21, 2008 7:49 pm 
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JD wrote:
wannabeeahack wrote:
theres a lot to this taxi driving lark int there... :lol: :lol: :lol: :lol: :lol:


numbers"S" must be in the plural, i.e. more than 1

so ill only take a hail from a single person then

what happens if they then appear with 6 mates though, who didnt hail me...


8)


I wouldn't worry too much about the numbers, just make sure that when you pick up off the street, you are licensed to do so.

Regards

JD


or have it pre-booked

whats "PRE" -booked again?...lol

this could run for years

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PostPosted: Tue Jul 22, 2008 12:49 am 
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Thanks for the help thus far gentlemen, and thank you very much JD for bringing things back into focus for me.

As for the comment
Quote:
this could run for years

It fricking has been already!! :roll:

The end is nigh (I hope!)

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DocG


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PostPosted: Tue Jul 22, 2008 7:48 am 
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MR T wrote:
Another two private hire in Southport have just been whacked for £900 plus costs and six points on the licence.................. one lucky chappie a week or two ago................. has managed to get himself stopped twice on the same night.... so that should be a £1,800 plus 12 points...... bye bye... bye-bye ...


He will plead exceptional hardship and keep his license. :roll:

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PostPosted: Tue Jul 22, 2008 9:30 am 
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if the LO uses an "agent provacatuer" (trojan horse?) to try hailing a PHV (or a wandering out-of-area HC come to that) how do they confirm in court the sequence of events with only a 1 to 1 challenge?

"i never said that".... :lol:

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PostPosted: Tue Jul 22, 2008 9:31 am 
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JD wrote:
wannabeeahack wrote:
theres a lot to this taxi driving lark int there... :lol: :lol: :lol: :lol: :lol:


numbers"S" must be in the plural, i.e. more than 1

so ill only take a hail from a single person then

what happens if they then appear with 6 mates though, who didnt hail me...


8)


I wouldn't worry too much about the numbers, just make sure that when you pick up off the street, you are licensed to do so.

Regards

JD


you used that word "street".....

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PostPosted: Tue Jul 22, 2008 10:03 am 
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wannabeeahack wrote:
you used that word "street".....


"Collectively".

Regards

JD

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PostPosted: Tue Jul 22, 2008 10:44 am 
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personally i dont wish to pickup unknowns who approach me in the street, ill happily leave that to the HC's, I see my target trade as different, I did my time with drunks, brawling squaddies, bickering couples, runners, and the like, I need a quieter life and a steady earner, nothing regal, ill leave the streets and alleyways to the brave boys in the black cabs (or white cabs in some areas....)

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PostPosted: Thu Aug 07, 2008 12:04 am 
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http://www.opsi.gov.uk/ACTS/acts1999/uk ... 90027_en_1

Duties

3 The general duty (1) A best value authority must make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
(2) For the purpose of deciding how to fulfil the duty arising under subsection (1) an authority must consult—
(a) representatives of persons liable to pay any tax, precept or levy to or in respect of the authority,
(b) representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions,
(c) representatives of persons who use or are likely to use services provided by the authority, and
(d) representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions.
(3) For the purposes of subsection (2) “representatives” in relation to a group of persons means persons who appear to the authority to be representative of that group.
(4) In deciding on—
(a) the persons to be consulted, and
(b) the form, content and timing of consultations,
an authority must have regard to any guidance issued by the Secretary of State.

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