Taxi Driver Online

I never called you a liar. I called you a hypocrite.

I also asked you to back up an assertion you made with data. I think your claim was that 95% of PH drivers are pirates. All I did was ask you to prove what you were saying. I haven't seen any proof from you yet, unless you saying I wear blinkers is proof.

I'll add "Full of [edited by admin]" to my opinion of you. Thanks for playing.

It is Toots, directly outside on the main road the road but there is a so called car park outside fat sams door, that could easily be blocked

Chill out a bit fella.

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IDFIMH

Then the taxis could be booked for causing a fire risk?

CC

The land across from fat sams is privately owned but as we have proven that because the public have access it is not private land.We proved this by showing them the eastbourne case.The only reason why the council are allowing this to continue is because of the Blackpool case ,they say because the judge said that block bookings MAY be legal which we all now is pish they are allowing this to continue.We have tried a number of times to get them to listen to our argument about the Blackpool case but they are not listening.Protests have been talked about but tx op is right super glue could not get us to stick together.Things are happening legally but are taking time.

What is stopping Hacks occupying this private land?

Is it owned or leased by the PH company?

I have always been a believer, that if PH are standing in line, join them; not at the back, but at the front!!!

Unfortunately, there's only a few like me in Brum, most are scared to adopt this approach; God knows why!

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

That is the problem in dundee not too many have the balls to take direct action.1 or 2 have tried tx op being one of them and did not get the backing he deserved.

Which would lead me to believe that there is constant work for Hacks in Dundee & there is no need to worry about the work coming out of Fat Sam's, but I very much doubt that to be the case.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Since when has english law been applicable to scotland?

As MrT has suggested, contact your local councillors and apply pressure like that.....the press are also useful if they're on your side.

CC

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Below is a guidance note from a solicitor to the endinburgh cabs officer.The bit i find interesting is"The above cases are all decisions of the High Court of England. The Council Solicitor is of the view that they
would be very persuasive for any Scottish court considering the issue".



GUIDANCE NOTES ON PHC’S PLYING FOR HIRE
INTRODUCTION
The Cab Inspector has requested guidance from the Council’s Licensing Section in order to assist his officers
with police enforcement of private hire cars illegally plying for hire in Edinburgh. Below is a summary of case
law, and the court’s views on plying for hire.
SUMMARY OF RELEVANT CASE LAW
Such case law as there is, is based on English decisions. As such, it must be approached with caution from a
Scottish perspective.
Early case law (1871 - 1959) held that to be plying for a hire, a vehicle must be: visible to the public (i.e. not in
a garage or compound out of public view), that the owner should be expressly or impliedly inviting the public
to use the vehicle and that the public should be able to use the vehicle if they wanted, for example by getting
into the vehicle.
Later cases (1962 - 3) supported the view that a vehicle had to be exhibited to be plying for hire. In one case,
Rose v Welbeck Motors Ltd, a PHC was parked at a bus stop and turnaround area. When the bus came
along, the PHC moved 10 yards down the road. In total it was parked in the area for 50 minutes. When
requested to leave, the driver drove away, only to return almost immediately to the same place.
The court looked at the vehicle’s distinctive appearance (type, colour, inscriptions, radio equipment and type)
and the fact it was parked with the driver at the wheel for around 50 minutes in a public place on public view,
at a place where many members of the public would be gathering in the course of both getting off and
boarding the buses. The Court considered that there was a prima facie case that the vehicle was exhibiting
itself as a vehicle for hire.
Another case, Newman v Vincent, was very similar to Rose v Welbeck, except that the vehicle was only
parked for around 20 minutes and was not parked at a bus stop. However, it did have a notice attached to the
passenger side sun visor which read “Mini-cab booking”. The court noted that the vehicle’s appearance and
conduct was such that two members of the public came up and asked if the vehicle was for hire. Accordingly
they found that there was a prima facie case of plying for hire.
When the Local Government (Miscellaneous Provisions) Act 1976 came into force in England and Wales,
providing for the regulation of PHCs’s, the previous case law became problematic in that it would effectively
mean that every PHC that was visible to the public could arguably be plying for hire. Accordingly, the courts
changed their approach.
The different approach is demonstrated in the 1994 case of Nottingham v Woodings. In this case, a PHC
licensed by the Nottingham City Council was parked in Nottingham city centre. The driver got out to go to the
toilet, and, when he returned, was approached by two plain clothes police officers. The driver was asked if he
was free and he replied that he was. He was then asked if he could take them to a destination and how much
it would be. He replied that that would depend on where they were going. The police then got into the car
with the driver and revealed their identity.
The judge found that the driver was not plying for hire UD to the point that he told the police he was available
for immediate hire (i.e. he was not plying for hire in the earlier stages when he parked the car to go to the
toilet, or when he came out). He also noted that a vehicle does not necessarily have to be exhibited to be
plying for hire, although this and whether a driver is sitting in the vehicle would be highly relevant.
THE CURRENT VIEW
The above cases are all decisions of the High Court of England. The Council Solicitor is of the view that they
would be very persuasive for any Scottish court considering the issue. As Woodings is the most recent case,
it would be advisable to be guided by this in the first instance.
This would mean that the location of a parked PHC, or the fact that it is parked in the company of other
PHC’s, does not, in itself, confirm it is plying for hire. It is a matter of fact and degree in each circumstance.
Things to take into account include: a vehicle’s appearance, whether it is visible, where it is parked, whether
the driver is present, what the driver is doing, whether there is an exchange between driver and members of
public and what thavthose exchanges are.
R: WPOSITORY\Live Data\personal\Jessamy HerbertMisc\Guidance notesWHCs.plying for hire.doc

When the trade act's singularly it usually has no power. altogether is another matter.... who owns that piece of land, and could the taxi drivers rent it...

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

The private hire company boss rents it from his mate.That's our biggest problem we cannot stick together.

Light fine tbh, mate of mine was hit for £500 back in 88, maybe if the LO's informed new licence applicants that they are not taxis in the sense of the word and that their job is to cater only for ppl who've arranged to be picked up by their company things might change for the better, one thing I notice in the whole trade is the lack of education for new drivers, back in the 80's the USS Iowa came in for a visit, we'd recently taken on the driver who told the operator he was too busy with the American's to do office work, turned out he'd been ranking up on ranks with a PHC all night, walked in and announced he'd have 6 cars on the firm by next month cos it was so good, gone 3 weeks later when reality set in.

Errm.....not taxis in any sense of the word me thinks.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin