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PostPosted: Sun Feb 08, 2009 2:54 pm 
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I dont really judge people, but I think thats personally quite sad, I wouldnt want my children on cab ranks, and to be honest if I was to suggest such a thing they'd probably look at me as if I were stupid.

I wonder how you can state the NTA have lost money, when its obvious you never paid the full amount? If the NTA have lost anything its due to non payment, by yourself.

The reality is that you dont understand the concept of NTA membership, although this is perhaps my fault for not explaining it to you. The Association affiliate, not the individual. There is no opt out.

Its like joining the RAC as one person and giving 50 odd cab drivers free membership.

CC

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PostPosted: Sun Feb 08, 2009 2:57 pm 
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charles007 wrote:
THE CASE WAS LOST BECOUSE THE DRIVER DID NOT LOOK AFTER IS CAB, WE NEW THAT RIGHT FROM THE STRAT, THE TEST WAS DOSE THAT MEAN ALL FAIL THE ANSWERE IS NO, THE DISTRICT JUDGEWAS CLEAR IF THIS DRIVER HAD LOOK AFTER IS CAB BETTER, THEN SHE WOULD HAVE FOUND IN IS FAVOUR. IF YOU WHANT TO NO MORE GIVE ME A CALL


Well I'm slightly disturbed that a five faults and your out condition can apply to cabs of a certain age and not to others. Judicial review of the condition should have been your option if a magistrate failed to find the revocation unreasonable. Which solicitor represented the driver?

Regards

JD

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PostPosted: Sun Feb 08, 2009 2:59 pm 
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JD wrote:

Well I'm slightly disturbed that a five faults and your out condition can apply to cabs of a certain age and not to others. Judicial review of the condition should have been your option if a magistrate failed to find the revocation unreasonable. Which solicitor represented the driver?

Regards

JD


Perhaps you should question the history of the driver concerned?

CC

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PostPosted: Sun Feb 08, 2009 3:07 pm 
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captain cab wrote:
Perhaps you should question the history of the driver concerned?

CC


The council can revoke any license if they feel they have reasonable cause regardless of age but an arbitary rule on all vehicles of a certain age that disqualifies only them, in my opinion could amount to being unreasonable.

What do you think?

Regards

JD

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PostPosted: Sun Feb 08, 2009 3:22 pm 
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JD wrote:
captain cab wrote:
Perhaps you should question the history of the driver concerned?

CC


The council can revoke any license if they feel they have reasonable cause regardless of age but an arbitary rule on all vehicles of a certain age that disqualifies only them in my opinion could amount to being unreasonable.

What do you think?

Regards

JD


I cant recall the circumstances, I'm sure Mr Oakes will enlighten us?

However, from memory I think the council decision is on their website somewhere complete with background reports.

Again from memory, the ruling wasn't the question that was posed, what was, as you astutely gather, was the subject of the drivers propriety.

Under those circumstances I am led to understand that the NTA solicitors view was that the case was 'unwinnable'.

Although I could be a mile off in my assumption.

You are of course correct in the arbitrary question, however, as I know you are going to expect me to point out, such rules have a conditional waver that normally states 'except exceptional circumstances' or suchlike?

regards

CC

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PostPosted: Sun Feb 08, 2009 3:33 pm 
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captain cab wrote:
You are of course correct in the arbitrary question, however, as I know you are going to expect me to point out, such rules have a conditional waver that normally states 'except exceptional circumstances' or suchlike?

regards

CC


I assume the case wasn't specifically about the five fault condition but about the overal record of the owner to maintain his vehicle in a suitable condition according to the conditions laid down by the council. Naturally the owner would be aware of these conditions and one presumes that under the circumstances he would probably have been given a past warning as to his future conduct in respect of vehicle maintenance?

Something along those lines but perhaps Charles can fill us in on the exact details.

Regards

JD

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PostPosted: Sun Feb 08, 2009 3:39 pm 
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JD wrote:

Something along those lines but perhaps Charles can fill us in on the exact details.

Regards

JD


I'm sure I'd be delighted to hear how he managed to spend £4000, anytime you want to hear about how I spent £1500 'winning' I'll let you know (but perhaps thats for another time) :wink:

regards

CC

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PostPosted: Sun Feb 08, 2009 3:48 pm 
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I've just read the five faults condition, here.

http://www.bury.gov.uk/Business/Busines ... riages.htm

The council could have an age limit policy that refuses to license vehicles over ten years old but a condition such as this applying only to certain ages might very well be found to be unreasonable.

Regards

JD

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 Post subject: JD
PostPosted: Sun Feb 08, 2009 3:52 pm 
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PLEASE GIVE ME A CALL 01204 371928 THANK YOU

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PostPosted: Sun Feb 08, 2009 3:55 pm 
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captain cab wrote:
JD wrote:

Something along those lines but perhaps Charles can fill us in on the exact details.

Regards

JD


I'm sure I'd be delighted to hear how he managed to spend £4000, anytime you want to hear about how I spent £1500 'winning' I'll let you know (but perhaps thats for another time) :wink:

regards

CC


NOW YOU ARE INTERESTED, I DONT RECAL VERY MUCH INTEREST AT THE TIME.

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PostPosted: Sun Feb 08, 2009 3:59 pm 
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charles007 wrote:

NOW YOU ARE INTERESTED, I DONT RECAL VERY MUCH INTEREST AT THE TIME.


I'm not interested to be honest, but its Sunday and I'm on call till 6pm, and I'm actually rooting for Arsenal at this moment, because my best mate Terry supports them :wink:

CC

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PostPosted: Sun Feb 08, 2009 4:05 pm 
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JD wrote:
I've just read the five faults condition, here.

http://www.bury.gov.uk/Business/Busines ... riages.htm

The council could have an age limit policy that refuses to license vehicles over ten years old but a condition such as this applying only to certain ages might very well be found to be unreasonable.

Regards

JD


Good point but isnt that similar to a rule where cabs over a certain age have say 2 tests per year, and over another 3 tests?

regards

CC

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PostPosted: Sun Feb 08, 2009 4:12 pm 
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captain cab wrote:
Good point but isnt that similar to a rule where cabs over a certain age have say 2 tests per year, and over another 3 tests?

regards

CC


I thought of that but there is provision in statute law that allows councils the option of testing any vehicle up to three times a year. It would not be unreasonable to test older vehicles three times a year as the law allows and younger vehicles twice a year.

Regards

JD

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PostPosted: Sun Feb 08, 2009 4:13 pm 
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Five fault rule discussed;

http://burydem.bury.gov.uk/aksbury/users/public/admin/kab14.pl?operation=SUBMIT&meet=62&cmte=LSP&grpid=public&arc=71

Was the case below the one?

http://burydem.bury.gov.uk/aksbury/users/public/admin/kab14.pl?operation=SUBMIT&meet=68&cmte=LSP&grpid=public&arc=71

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PostPosted: Sun Feb 08, 2009 4:17 pm 
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Minutes of the meeting;

http://burydem.bury.gov.uk/aksbury/users/public/admin/kab14.pl?operation=SUBMIT&meet=62&cmte=LSP&grpid=public&arc=71

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