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 Post subject: the fouling charge
PostPosted: Tue Feb 17, 2009 9:27 pm 
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i read somewhere on here a question is the fouling charge legal, I cant remeber which forum it was on can anyone help please


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PostPosted: Tue Feb 17, 2009 9:29 pm 
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Its in the licensing and legal section about half way down the page;

Soiling charges....are they legal

CC

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 Post subject: Re: the fouling charge
PostPosted: Tue Feb 17, 2009 10:27 pm 
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happy cabs wrote:
i read somewhere on here a question is the fouling charge legal, I cant remeber which forum it was on can anyone help please

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=10555

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 Post subject:
PostPosted: Wed Feb 18, 2009 12:37 pm 
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Thank you for that information, I find it quite bizzare that you can be fined £80 for throwing up in the street but can do it in a cab for free, the Poice told me it wasa civil debt, but when i told them I knew his address but not his name they said there was nothing they could do to help me find out what he was called, how would you suggest I find his name ?


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PostPosted: Wed Feb 18, 2009 12:40 pm 
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happy cabs wrote:
Thank you for that information, I find it quite bizzare that you can be fined £80 for throwing up in the street but can do it in a cab for free, the Poice told me it wasa civil debt, but when i told them I knew his address but not his name they said there was nothing they could do to help me find out what he was called, how would you suggest I find his name ?


Knock on his door and ask..


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PostPosted: Wed Feb 18, 2009 1:05 pm 
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happy cabs wrote:
Thank you for that information, I find it quite bizzare that you can be fined £80 for throwing up in the street but can do it in a cab for free, the Poice told me it wasa civil debt, but when i told them I knew his address but not his name they said there was nothing they could do to help me find out what he was called, how would you suggest I find his name ?


I would pee in a welly boot lean it against his door then knock


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PostPosted: Wed Feb 18, 2009 1:24 pm 
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happy cabs wrote:
how would you suggest I find his name ?

If you know the address go down to the council and look up his name on the electoral register.

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PostPosted: Wed Feb 18, 2009 1:32 pm 
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happy cabs wrote:
the Poice told me it was a civil debt,


I'm afraid thats what it is, a civil matter. In fact I would be very careful when asking for such a fee because any demanding with the element of intimidiation is an offence. You can ask but you may not always receive.

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but when i told them I knew his address but not his name they said there was nothing they could do to help me find out what he was called, how would you suggest I find his name ?


If he paid the cab fare then no offence has been committed therefore it is not a police matter, end of story. I am surprised you involved the police but I do have compasion for your predicament

If he did pay the cab fare then the police were obviously of the opinion that the soiling charge was not part of the fare. Considering the debate we had on soiling charges then that is an interesting factor.

Regards

JD

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 Post subject:
PostPosted: Wed Feb 18, 2009 1:52 pm 
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JD wrote:
If he did pay the cab fare then the police were obviously of the opinion that the soiling charge was not part of the fare. Considering the debate we had on soiling charges then that is an interesting factor.

Or they couldn't be ar**d to deal with it. :sad:

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PostPosted: Wed Feb 18, 2009 2:26 pm 
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The tariff is the terms and description of the contract that they enter into when they enter your cab. If someone throws up in your cab then you are entitled to claim for your loss, the problem is brought about by the police enforcing the tariff in one area but not another - how can you enforce one part of the tariff and not another as it is all part of the tariff and I am sure that the L.As implementation of it would have been done with legal consultation.

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PostPosted: Wed Feb 18, 2009 2:37 pm 
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cabby john wrote:
The tariff is the terms and description of the contract that they enter into when they enter your cab. If someone throws up in your cab then you are entitled to claim for your loss,


Well you can claim for your loss but only in a court of civil law. In effect the addition of a soiling charge on a tariff sheet is absolutely meaningless because no one by law has to pay it.

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JD

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 Post subject:
PostPosted: Wed Feb 18, 2009 2:57 pm 
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cabby john wrote:
The tariff is the terms and description of the contract


The tarrif is a regulatory fare structure in place to protect passengers from being overcharged, it places a requirement on a cab driver to only demand the correct fare as set out on the tariff sheet. Thats why in the act of 1847 all the criminal penalties arising from the fare structure only apply to cab drivers. A passenger is not obliged to pay a fare of any description if they dispute that fare and then you are back to civil law.

Regards

JD

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 Post subject:
PostPosted: Wed Feb 18, 2009 3:23 pm 
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JD wrote:
cabby john wrote:
The tariff is the terms and description of the contract


The tarrif is a regulatory fare structure in place to protect passengers from being overcharged, it places a requirement on a cab driver to only demand the correct fare as set out on the tariff sheet. Thats why in the act of 1847 all the criminal penalties arising from the fare structure only apply to cab drivers. A passenger is not obliged to pay a fare of any description if they dispute that fare and then you are back to civil law.

Regards

JD


or to put it another way

your stuffed

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 Post subject:
PostPosted: Wed Feb 18, 2009 5:22 pm 
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JD wrote:
A passenger is not obliged to pay a fare of any description if they dispute that fare and then you are back to civil law.


Providing that they didn't hire the cab with the intention of not paying in the first place. :wink:

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 Post subject:
PostPosted: Wed Feb 18, 2009 5:34 pm 
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gusmac wrote:
Providing that they didn't hire the cab with the intention of not paying in the first place. :wink:


lol I suspect we've all had a few of those in the past and probably will have in the future. I suppose the moral is, get the money up front everytime.

Regards

JD

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