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PostPosted: Tue Dec 16, 2008 3:16 pm 
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http://theandersonshelter.blogspot.com/ ... -dont.html

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PostPosted: Tue Dec 16, 2008 3:21 pm 
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thomasthetaxi wrote:
http://theandersonshelter.blogspot.com/2008/12/satellite-offices-are-they-legal-dont.html

From that 40 seconds worth, who knows? :?

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PostPosted: Tue Dec 16, 2008 4:53 pm 
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Sussex wrote:
thomasthetaxi wrote:
http://theandersonshelter.blogspot.com/2008/12/satellite-offices-are-they-legal-dont.html

From that 40 seconds worth, who knows? :?


There is no pleasing some people.
Next time I'll try to shoot a couple of hours of footage then!

Its quite hard to sit in amongst hoards of touts and film openly.
Unlike my other attempts, this one proves that these drivers are not just sitting there in an orderly fashion waiting to be given a job by a representative of a Private hire company, who has been approached in side the venue quite legally.
It Proves that they are no more than touts, end of story.

This type of behaviour is also detrimental to hard working PHV drivers who choose not to tout.
Its about time you all stopped making excuses for these thieves.

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PostPosted: Tue Dec 16, 2008 4:56 pm 
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Try sitting the camera on the dash next time and spend a bit of time setting it up before you go down there hide it under a duster


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PostPosted: Tue Dec 16, 2008 5:02 pm 
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thomasthetaxi wrote:
There is no pleasing some people.
Next time I'll try to shoot a couple of hours of footage then!

All we could hear was a discussion on price. Now that happens 10s of 1000s of times a week quite legally.

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PostPosted: Tue Dec 16, 2008 5:21 pm 
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Sussex wrote:
thomasthetaxi wrote:
There is no pleasing some people.
Next time I'll try to shoot a couple of hours of footage then!

All we could hear was a discussion on price. Now that happens 10s of 1000s of times a week quite legally.


But it was my job, they flagged me and were then approached. I am not a clairvoyant and I don't have my camera on all night.
I just managed to get this clip. I realise it would not hold up in court as evidence, but I thought it was close to the best clip I've got so far. It aint easy from inside the cab, and its getting too dangerous to film outside.
A friend of mine was assaulted and had his camera smashed in Kings Cross some months ago. Another college was attacked filming in Whitcome Street on Saturday night.

Mind you I do appreciate constructive criticism and comment like the post from skippy. It gives me something to aim for next time.
Just like my school report said, Must Try Harder.
And I will do just that.

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PostPosted: Tue Dec 16, 2008 5:34 pm 
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Listen again carefully to the first words spoken to the tout by the lady.
"I've got a cab to Greenwich but I need to get her home"
"where to"
"Sidcup"
" Oh Sidcup, I will do that for 40 pounds"

This is touting.
In a Satellite Office the negotiations are to take place inside the venue. The Clipboard man is then to escort the passenger to the car, The driver is not to approach the passenger and make contact in the street as is seen here.
The driver should not then haggle with the customer standing in the street.

I rest my case!

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PostPosted: Tue Dec 16, 2008 5:44 pm 
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Why don't we start with the legislation?

Requirement for London operator's licence.

No person may in London make provision for the invitation or acceptance of, or accept, private hire bookings unless he is the holder of a private hire vehicle operator's licence for London (a 'London PHV operator's licence'). A person who makes provision for the invitation or acceptance of private hire bookings, or who accepts such a booking, in contravention of this provision is guilty of an offence.


Meaning of “private hire vehicle”, “operator” and related expressions

(1) In this Act—

(a) “private hire vehicle” means a vehicle constructed or adapted to seat fewer than nine passengers which is made available with a driver for hire for the purpose of carrying passengers, other than a licensed taxi or a public service vehicle; and

(b) “operator” means a person who makes provision for the invitation or acceptance of, or who accepts, private hire bookings.

(2) Any reference in this Act to a vehicle being “used as a private hire vehicle” is a reference to a private hire vehicle which—

(a) is in use in connection with a hiring for the purpose of carrying one or more passengers; or

(b) is immediately available to an operator to carry out a private hire booking.


(3) Any reference in this Act to the operator of a vehicle which is being used as a private hire vehicle is a reference to the operator who accepted the booking for the hiring or to whom the vehicle is immediately available, as the case may be.

(4) In this Act “private hire booking” means a booking for the hire of a private hire vehicle for the purpose of carrying one or more passengers (including a booking to carry out as sub-contractor a private hire booking accepted by another operator).

(5) In this Act “operating centre” means premises at which private hire bookings are accepted by an operator.

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PostPosted: Tue Dec 16, 2008 6:04 pm 
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Regulation of private hire vehicle operators in London

2 Requirement for London operator's licence

(1) No person shall in London make provision for the invitation or acceptance of, or accept, private hire bookings unless he is the holder of a private hire vehicle operator's licence for London (in this Act referred to as a “London PHV operator's licence”).

(2) A person who makes provision for the invitation or acceptance of private hire bookings, or who accepts such a booking, in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

[Private Hire Vehicles (London) Act 1998, s 2.]


3 London operator's licences

(1) Any person may apply to the licensing authority for a London PHV operator's licence.

(2) An application under this section shall state the address of any premises in London which the applicant proposes to use as an operating centre.

(3) The licensing authority shall grant a London PHV operator's licence to the applicant if the authority is satisfied that—

*
(a) the applicant is a fit and proper person to hold a London PHV operator's licence; and
*
(b) any further requirements that may be prescribed (which may include requirements relating to operating centres) are met.

(4) A London PHV operator's licence shall be granted subject to such conditions as may be prescribed and such other conditions as the licensing authority may think fit.

(5) A London PHV operator's licence shall be granted for five years or such shorter period as the licensing authority may consider appropriate in the circumstances of the case.

(6) A London PHV operator's licence shall—

*
(a) specify the address of any premises in London which the holder of the licence may use as an operating centre;
*
(b) be in such form and contain such particulars as the licensing authority may think fit.

(7) An applicant for a London PHV operator's licence may appeal to a magistrates' court against—

*
(a) a decision not to grant such a licence;
*
(b) a decision not to specify an address proposed in the application as an operating centre; or
*
(c) any condition (other than a prescribed condition) to which the licence is subject.

[Private Hire Vehicles (London) Act 1998, s 3, as amended by the Greater London Authority Act 1999, s 254.]

1 See the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146.

2 For provisions relating to appeals, see ss 25–26, post and the Magistrates' Courts Rules 1991, r 34 in Part 1 Magistrates Court Procedure, ante.

4 Obligations of London operators

(1) The holder of a London PHV operator's licence (in this Act referred to as a “London PHV operator”) shall not in London accept a private hire booking other than at an operating centre specified in his licence.

(2) A London PHV operator shall secure that any vehicle which is provided by him for carrying out a private hire booking accepted by him in London is—

*
(a) a vehicle for which a London PHV licence is in force driven by a person holding a London PHV driver's licence; or
*
(b) a London cab driven by a person holding a London cab driver's licence.

(3) A London PHV operator shall—

*
(a) display a copy of his licence at each operating centre specified in the licence;
*
(b) keep at each specified operating centre a record in the prescribed form of the private hire bookings accepted by him there;
*
(c) before the commencement of each journey booked at a specified operating centre, enter in the record kept under paragraph (b) the prescribed particulars of the booking;
*
(d) keep at each specified operating centre such records as may be prescribed of particulars of the private hire vehicles and drivers which are available to him for carrying out bookings accepted by him at that centre;
*
(e) at the request of a constable or authorised officer, produce for inspection any record required by this section to be kept.

(4) If a London PHV operator ceases to use an operating centre specified in his licence he shall preserve any record he was required by this section to keep there for such period as may be prescribed.

(5) A London PHV operator who contravenes any provision of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) It is a defence in proceedings for an offence under this section for an operator to show that he exercised all due diligence to avoid committing such an offence.

[Private Hire Vehicles (London) Act 1998, s 4.]

1 See the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146.

2 An accused who raises this defence is not required to establish it beyond reasonable doubt, but on the balance of probabilities: see R v Carr-Briant [1943] KB 607, [1943] 2 All ER 156, 107 JP 167.

5 Hirings accepted on behalf of another operator

(1) A London PHV operator (“the first operator”) who has in London accepted a private hire booking may not arrange for another operator to provide a vehicle to carry out that booking as sub-contractor unless—

*
(a) the other operator is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London;
*
(b) the other operator is licensed under section 55 of the Local Government (Miscellaneous Provisions) Act 1976 (in this Act referred to as “the 1976 Act”) by the council of a district and the sub-contracted booking is accepted in that district; or
*
(c) the other operator accepts the sub-contracted booking in Scotland.

(2) A London PHV operator who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It is a defence1 in proceedings for an offence under this section for an operator to show that he exercised all due diligence to avoid committing such an offence.

(4) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the first operator and the person who made the booking.

(5) For the avoidance of doubt (and subject to any relevant contract terms), a contract of hire between a person who made a private hire booking at an operating centre in London and the London PHV operator who accepted the booking remains in force despite the making of arrangements by that operator for another contractor to provide a vehicle to carry out that booking as sub-contractor.

[Private Hire Vehicles (London) Act 1998, s 5.]

1 An accused who raises this defence is not required to establish it beyond reasonable doubt, but on the balance of probabilities: see R v Carr-Briant [1943] KB 607, [1943] 2 All ER 156, 107 JP 167.
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PostPosted: Tue Dec 16, 2008 6:05 pm 
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thomasthetaxi wrote:
Sussex wrote:
thomasthetaxi wrote:
There is no pleasing some people.
Next time I'll try to shoot a couple of hours of footage then!

All we could hear was a discussion on price. Now that happens 10s of 1000s of times a week quite legally.


But it was my job, they flagged me and were then approached. I am not a clairvoyant and I don't have my camera on all night.

Your missing my point.

You asked if it was legal, I'm saying is what legal?

If you are asking if a job is taken on the street by a PH without a pre-booking, then clearly that's not legal. But what you have taped wouldn't gain a conviction.

If I was in my PH and someone asked me how much to London, I would give them a firm's price. If they then wanted to go then I would pass that job to my office and see who gets it via their system.

I can't see what I would do differently if I was outside of my PH. Which, on the evidence we see, isn't that much to what the person in your clip is doing.

Did the customer use the person's car? :?

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PostPosted: Tue Dec 16, 2008 6:15 pm 
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JD wrote:

4 Obligations of London operators

(1) The holder of a London PHV operator's licence (in this Act referred to as a “London PHV operator”) shall not in London accept a private hire booking other than at an operating centre specified in his licence.


The above means exactly what it says. Inside the licensed premises not outside by someone with a clipboard stood on the sidewalk or a driver sat in his car it means inside the premises. Now to me that is fairly simple to understand so I don't really see why it should be so complicated to anyone else?

Regards

JD

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PostPosted: Tue Dec 16, 2008 6:20 pm 
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Thank you JD
The Voice of reason as always

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PostPosted: Tue Dec 16, 2008 7:50 pm 
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thomasthetaxi wrote:

Its quite hard to sit in amongst hoards of touts and film openly..


You maybe need a different hat :lol:

CC

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PostPosted: Tue Dec 16, 2008 10:11 pm 
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Will someone please write or email the pco and ask them to supply you with details of the terms and conditions for obtaining a London private hire operators license. Could you specifically ask them to supply you with details regarding all premises that are to be licensed and whether or not the license holder needs to be attached to the premises by way of lease or any other contractual means?

I would do it myself but I'm not in the right frame of mind.

Regards

JD

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PostPosted: Tue Dec 16, 2008 10:57 pm 
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JD wrote:


I would do it myself but I'm not in the right frame of mind.



Still feeling under the weather?

Regards

CC

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