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PostPosted: Fri Nov 28, 2008 4:12 pm 
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From what I have been told, Westminster council have changed a traffic management order to allow the mini-cabs to pick up and set down on the bus stand in Whitcombe Street.
Westminster council did not need to do this as mini-cabs can already pick up and set down pre booked fares.This is a rank and it is time for a injunction at the high court. The LTDA, Unite, LCDC must get their act together now, or pack up and go.
If you want to save the London Taxi trade, log onto to City hall website and email the mayor of London directly, place a footnote at the bottom of email asking the mayor to deal with this issue urgently and do not pass to tfl/pco because you do not believe this body/authority is competent.

"Dear Boris, can you help remove a "illegal mini-cab rank" that has been created by Westminster council, TfL/PCO.

The private hire act 1999 never intended for clipboard operations to be licensed as mini-cab offices, in fact the opposite was true.

I look forward to your prompt response and ask you deal with this matter beacuse I do not have much confidence in my regulator.

Yours Sincerely

Sign your name only.....


This is a very simple email all of you could write to the mayor@london.gov.uk now that is all that needs to be said no bad language, and we keep the message simple....so our politicians understand we mean business.

Now if the LTDA and others pop along to the high court at the same time, we may be able to form a pincer movement without the need for a drive-in demonstration just yet.....?
Once you've emailed the mayor....now you email a very similar email to Kulveer.Ranger@london.gov.uk he is the mayor's director of transport.....


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PostPosted: Fri Nov 28, 2008 6:01 pm 
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Two emails done Thomas, lets hope theres plenty more from the driver's who care for our trade :wink:


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PostPosted: Fri Nov 28, 2008 6:12 pm 
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thomasthetaxi wrote:

"Dear Boris, can you help remove a "illegal mini-cab rank" that has been created by Westminster council, TfL/PCO.

The private hire act 1999 never intended for clipboard operations to be licensed as mini-cab offices, in fact the opposite was true.

I look forward to your prompt response and ask you deal with this matter beacuse I do not have much confidence in my regulator.

Yours Sincerely

Sign your name only.....


Why don't you just take them to court and have done with it. That way there will be no more clipboard johnies anywhere in the country.

Regards

JD

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PostPosted: Fri Nov 28, 2008 6:18 pm 
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JD wrote:

Why don't you just take them to court and have done with it. That way there will be no more clipboard johnies anywhere in the country.

Regards

JD


Because that would possibly cost money and they either;

a, dont have any

b, are not a member of an organisation that will take them to court

c, Believe a serious letter writing campaign will actually work.

regards

CC

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PostPosted: Fri Nov 28, 2008 7:23 pm 
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Or believe that the authorities would win, so its better to blame the world and his wife?

Westminster Council wrote:

"Martin Low, director of transportation, said: “This is about safer travel at night. The scheme allows people to book their minicab in Leicester Square knowing they will be escorted by trained, uniformed staff to a safe, licensed minicab, which will be able to stop in Whitcomb Street between 9pm and 4am when the bus stop and stand are not operating.“The minicabs are using this location as a collection point for pre-ordered trips. They will not be allowed to ply for hire as taxis."





TFL - PCO wrote:

"There is no such thing as a private hire vehicle rank so the rumours that there is a licensed minicab rank operating on Whitcomb Street are categorically untrue. The Public Carriage Office (PCO) has licensed a new private hire operating centre in the TKTS booth in Leicester Square.

"All trips must be pre-booked, and any private hire or minicab journey not booked through an operator is illegal, uninsured and unlicensed. Any private hire driver trying to pick up passengers at Whitcomb Street without a prior booking will be breaking the law and could face prosecution."


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PostPosted: Fri Nov 28, 2008 7:31 pm 
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JD wrote:
Why don't you just take them to court and have done with it. That way there will be no more clipboard johnies anywhere in the country.



Whats your take on it JD?

Is it the same as the Printworks thread from last year, or does the inclusion of a permanent structure, in this case a ticket office (which has been there for many years) and a controller make it like any other high street Minicab office in London?

From enquiries I have made today, it seems straightforward, TFL have allowed (a reputable, I may add) couple of Licensed Minicab firms to operate a satellite service from the ticket office building, the cars have been told to wait about 100 yards away in Whitcomb Street as the squares pedestrianised, and at the suggestion of the council the companies have provided a security firm to walk the customers over to the car in order that

They're safe

They get the correct car

They make sure touts aren't taking the customers who are looking to book a Minicab.


Thanks in anticipation.


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PostPosted: Fri Nov 28, 2008 8:00 pm 
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A permenent structure makes no difference whatsoever for the purpose of touting. I can't think of anything more obvious than a person stood on the public highway with a clipboard in their hand soliciting for custom. The mere presence is a solicitation. I need to remind all you London hacks of the law.
__________________________

***If a person, in a public place,*** solicits persons to hire vehicles to carry them as passengers, he is guilty of an offence.

**1 For these purposes, 'public place' includes any highway and any other premises or place to which at the material time the public has or is permitted to have access, whether on payment or otherwise:**

Criminal Justice and Public Order Act 1994 s 167(6).

**Section 167(1) does not imply that the soliciting must refer to any particular vehicle**

**The purpose of s 167 is to enable the police to take effective action against persons who tout for passengers for vehicles acting as unlicensed taxis: **

**The powers of summary arrest conferred by the Police and Criminal Evidence Act 1984 s 24 (as amended) apply to an offence under the Criminal Justice and Public Order Act 1994 s 167: **

**7 Criminal Justice and Public Order Act 1994 s 167(3).

UPDATE

Taxi touts

note 2—Police and Criminal Evidence Act 1984 s 24 substituted, Sch 1A repealed: Serious Organised Crime and Police Act 2005 s 110(1), Sch 7 para 24(3), Sch 17 Pt 2. The 1984 Act s 24 (as substituted) **now contains a general power of arrest without warrant, based on a test of necessity, in relation to any offence. **

____________________________

It doesn't matter what the PCO say, the law is the law if you guys aren't prepared to prosecute under the law then you only have yourself to blame. Surely there is enough of you to cobble together ten grand as a fighting fund in order to eradicate the problem once and for all.

You only have to read the countless cases on TDO to understand which way the wind blows in relation to the law.

The touting problem is only one issue the private hire cabs ranked up can also be prosecuted as past case will tell you.

You asked my opinion, well it is my opinion that the practice is illegal both in the case of the private hire taxi rank and the person stood in a public place with a clipboard inviting custom from the street.

Instead of you guys talking about the problem you nead a leader who will take the bull by the horns and gather the evidence thats needed for a successful prosecution. If you win you can stick two fingers up to the pco and anyone else who tries to impose illegal orders.

Thats my take on the situation for what its worth.

Regards

JD

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PostPosted: Fri Nov 28, 2008 8:05 pm 
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Surely the unions should be aware of this and for once liasing together with a view to taking immediate legal action.


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PostPosted: Fri Nov 28, 2008 8:16 pm 
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csp wrote:
Surely the unions should be aware of this and for once liasing together with a view to taking immediate legal action.


The main problem is money. If the legal system was free then I have no doubt that the situation would have been resolved long ago. Seeing as it isn't free then it takes a brave or silly man to experiment with their opinion of the law?

Having said that, considering there are around 21 thousand hack drivers in London a pound a piece wouldn't be missed.

Regards

JD

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PostPosted: Fri Nov 28, 2008 8:19 pm 
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What you london guys should do is set up an organisation specifically for prosecuting the illegal activities of private hire.

Regards

JD

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PostPosted: Fri Nov 28, 2008 8:20 pm 
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Thanks for the input JD.

I understand a man with a board stood in the street is as clear cut a case as you'll get, however how does a Licensed Minicab office operate legally, as is the norm in London customers walk up to a window or room, talk to staff / a controller and get told to take car x which is outside?

I ask, as this has been accepted practise in the capital for as long as I've known, and I've never heard any real objections.

The LTDA, in the form of Mr Demidecki seem to believe this is within the operating parameters allowed in the new London PHV regs that were introduced when TFL took over the licensing regime.


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PostPosted: Fri Nov 28, 2008 8:29 pm 
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GBC wrote:
Thanks for the input JD.

I understand a man with a board stood in the street is as clear cut a case as you'll get, however how does a Licensed Minicab office operate legally, as is the norm in London customers walk up to a window or room, talk to staff / a controller and get told to take car x which is outside?

I ask, as this has been accepted practise in the capital for as long as I've known, and I've never heard any real objections.

The LTDA, in the form of Mr Demidecki seem to believe this is within the operating parameters allowed in the new London PHV regs that were introduced when TFL took over the licensing regime.


Established case law states a private hire vehicle parked up awaiting customers is not plying for hire if the vehicle is empty. That means no driver inside the vehicle.

There is an abundance of case law on this site that sets out the legalities of plying for hire.

Regards

JD

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PostPosted: Fri Nov 28, 2008 8:36 pm 
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Ta.


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PostPosted: Fri Nov 28, 2008 9:20 pm 
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GBC wrote:
I understand a man with a board stood in the street is as clear cut a case as you'll get, however how does a Licensed Minicab office operate legally, as is the norm in London customers walk up to a window or room, talk to staff / a controller and get told to take car x which is outside?

My view is it's down to what draws the punter to the licensed booking office.

If it's because they know it's there through previous use, or they are attracted by external advertising, then IMO any work once booked is pukka no-matter how many cars are parked outside.

If however the punters are drawn by the pseudo PH rank outside the office, and drivers are sitting in the licensed vehicles, then maybe a case could be made for touting.

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