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PostPosted: Fri Aug 21, 2009 3:57 am 
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Yes there is Sussex The Liverpool V carson case its on tdo somewhere


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PostPosted: Fri Aug 21, 2009 6:37 am 
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The Dundonian wrote:
ie do you know any council which allows Hackney Carriages to set their meters at less than the official tariff?

No.

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PostPosted: Fri Aug 21, 2009 8:53 am 
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Sussex wrote:
The Dundonian wrote:
ie do you know any council which allows Hackney Carriages to set their meters at less than the official tariff?

No.


So doesn't that conflict with the Curzon case mentioned by Skippy:

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3623

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PostPosted: Fri Aug 21, 2009 12:44 pm 
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Sussex wrote:
The Dundonian wrote:
Sussex, do you know of any UK council which allow meters to show less than the official tariff?

I suspect there are a lot of PH who have their meters set at a lower rate than the set taxi tariff.

But my reading of the act is that PH can't set a higher rate on their meters than the taxi set rate. I think Mr PH wants to have a lower set rate for his PH fleet.

Can't see him losing in court TBH.


Back when the fuel prices went high we (Hacks) had to bite the bullet and did not have a rate increase. However two PH companies increased their rates above the LA permitted rates ! it was quite common knowledge or most certainly put about that PH can charge what they like and that the LA have no jurisdiction/say over their rates. What I found strange is that they have hacks on their books who could not charge more or as much as their PH colleagues working for the same company.

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PostPosted: Fri Aug 21, 2009 7:10 pm 
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The Dundonian wrote:
So doesn't that conflict with the Curzon case mentioned by Skippy:

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3623

I think the Curzon case allows hackneys to discount from the meter, but not have a meter set at a lower rate. :wink:

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PostPosted: Fri Aug 21, 2009 8:05 pm 
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Sussex wrote:
The Dundonian wrote:
So doesn't that conflict with the Curzon case mentioned by Skippy:

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3623

I think the Curzon case allows hackneys to discount from the meter, but not have a meter set at a lower rate. :wink:


Its there in the ruling, the council put them off for not having the correct tariff on there meter, but the judge said that as they where below the maximums that can be charged there was nothing wrong with that


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PostPosted: Sat Aug 22, 2009 8:40 am 
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Sussex wrote:
The Dundonian wrote:
So doesn't that conflict with the Curzon case mentioned by Skippy:

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3623

I think the Curzon case allows hackneys to discount from the meter, but not have a meter set at a lower rate. :wink:


Well I had a quick read and as far as I could tell it said that HCs could show a lower rate, but to be honest I just skim read it.

But if your reading of Curzon is correct then that means you've changed your mind about the chances of Mr Edinburgh PH in court? :wink:

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PostPosted: Sat Aug 22, 2009 4:52 pm 
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In an advert in yesterday's Evening News, Edinburgh City Private Hire said the council had "made it impossible" for it to offer customers a discount of up to 30 per cent.


There is nothing in the 1982 act to prevent anyone offering discounts. The claim that it has been made impossible is clearly untrue.
This firm is just sensationalising for the sake of publicity.

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PostPosted: Sat Aug 22, 2009 5:16 pm 
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gusmac wrote:
Quote:
In an advert in yesterday's Evening News, Edinburgh City Private Hire said the council had "made it impossible" for it to offer customers a discount of up to 30 per cent.


There is nothing in the 1982 act to prevent anyone offering discounts. The claim that it has been made impossible is clearly untrue.
This firm is just sensationalising for the sake of publicity.


Are their drivers so Innumerate that they cant simply take the showing Metered fare and deduct 30% off of it?? I can sell them a few Hundred Calculators if they want..but not with a 30% discount.


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PostPosted: Mon Aug 24, 2009 7:51 am 
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The Dundonian wrote:
But if your reading of Curzon is correct then that means you've changed your mind about the chances of Mr Edinburgh PH in court? :wink:

Oh no no no. [-X

I'm saying that taxis (in England) aren't allowed to run a different rate on their meters, just allowed to discount off the set rate if they choose to.

I'm also saying that PH (in England) have the rights to have whatever rate they choose on their meters, and in Scotland whatever rate under the council's set taxi rate.

The rights and wrongs of having a lower metered rate are a separate issue, but councils can only do what the law says they can, and they shouldn't interfere in issues which they haven't the powers to do so.

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PostPosted: Mon Aug 24, 2009 9:32 pm 
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So if you're saying that English HCs' meters must show the council rate then on that basis it would be the same in Scotland.

The Scottish legislation links a PH with a meter fitted to the taxi rates, thus surely the same rule should apply to Scottish PH as to a Scottish taxi, assuming the PH has a meter fitted?

English PH is a different kettle of fish because the legislation specifically allows them to adopt a different rate, I think.

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PostPosted: Mon Aug 24, 2009 9:44 pm 
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The Dundonian wrote:
The Scottish legislation links a PH with a meter fitted to the taxi rates, thus surely the same rule should apply to Scottish PH as to a Scottish taxi, assuming the PH has a meter fitted?

I'm no expert on the 1982 act.

But taxi fares are dealt with in sec 17 and 18. No where in those sections are the words private hire cars/vehicles/drivers.

So a council can't tell a PH what to charge, with or without a meter, other than if they have a meter and charge more than the local set taxi rate i.e. sec 21 (5).

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PostPosted: Tue Aug 25, 2009 12:17 am 
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Sussex, I think the slightly strange disconnect between the section 21 (5) and sections 17 and 18 have been discussed on here before, and no definite conclusion reached. Don't know how the authorities view it, but I doubt if any council allows PH meters to show less than the council rate at the moment.

It would certainly be a very messy situation if PH were allowed to set their meters at less than the taxi rates but would only commit an offence if they charged more than the taxi rate? How could this be viewed as a safeguard for the public, for example?

At the very least you must concede that it's less clear cut as the English situation, since having a meter set at less than the taxi rate is not provided for in the legislation, and it's also clearly not open to for a PH with a meter to charge more than the taxi rate in Scotland.

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PostPosted: Tue Aug 25, 2009 7:49 am 
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The Dundonian wrote:
At the very least you must concede that it's less clear cut as the English situation, since having a meter set at less than the taxi rate is not provided for in the legislation, and it's also clearly not open to for a PH with a meter to charge more than the taxi rate in Scotland.

I do agree that it is a lot less clear cut, but I still think a council insisting a metered PH adhere to the set taxi tariff is not a legal power they have.

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PostPosted: Wed Aug 26, 2009 4:29 am 
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We're still talking about what the meter reads rather than the actual fare charged, presumably?

But if PH can have their meters set at a lower rate then presumably taxis can as well?

I can't see anything in the Scottish Act that suggests otherwise, thus if PH can do it then taxis should be able to do it as well?

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