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PostPosted: Tue Jul 06, 2010 10:36 am 
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[quote="the thinker"]

No we like to sleep at night, and that is something that money cannot buy.

Not that you would know about that.


I have no problems sleeping !!


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PostPosted: Tue Jul 06, 2010 12:58 pm 
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onerebeloffour wrote:
the thinker wrote:

No we like to sleep at night, and that is something that money cannot buy.

Not that you would know about that.


I have no problems sleeping !!


You missed my Point, I meant money, and buying things, which is what honest moral people do.


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PostPosted: Tue Jul 06, 2010 5:51 pm 
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errr !! No !! I did'nt miss your point cos there was no point and I refuse to get drawn into your small minded way of thinking. And for the record, whats right, honest and 100% legal has been done, cant buy something you already own !!!


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PostPosted: Tue Jul 06, 2010 8:18 pm 
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onerebeloffour wrote:
errr !! No !! I did'nt miss your point cos there was no point and I refuse to get drawn into your small minded way of thinking. And for the record, whats right, honest and 100% legal has been done, cant buy something you already own !!!


The point is you don't own anything, it is still the subject of appeal and can be taken away, so lets wait shall we.


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PostPosted: Tue Jul 06, 2010 8:25 pm 
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All this reminds me of a story I posted over six years ago.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=659

For the record the council concerned de-limited two years later.

All this also reminds me of the Bournemouth/Ombudsman decision where the council gave the plates to the drivers, there was an appeal to the ombudsman but he said the plate holders had been benefiting from an illegal arrangement for years, at least regarding one of the plates, and compo was refused. But on the other from memory the council had to pay the old plate-holder £20,000.

Local Government Ombudsman, Digest of Cases 2002-03, Report 01/B/457

In short this is all a murky mess, but one founded on councils not having a f***ing clue what they are doing. :sad:

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PostPosted: Tue Jul 06, 2010 8:29 pm 
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the thinker wrote:
onerebeloffour wrote:
errr !! No !! I did'nt miss your point cos there was no point and I refuse to get drawn into your small minded way of thinking. And for the record, whats right, honest and 100% legal has been done, cant buy something you already own !!!


The point is you don't own anything, it is still the subject of appeal and can be taken away, so lets wait shall we.


Sounds like your paying the legal fees then, you plate owners money to burn


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PostPosted: Tue Jul 06, 2010 8:32 pm 
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Tangoed wrote:
the thinker wrote:
onerebeloffour wrote:
errr !! No !! I did'nt miss your point cos there was no point and I refuse to get drawn into your small minded way of thinking. And for the record, whats right, honest and 100% legal has been done, cant buy something you already own !!!


The point is you don't own anything, it is still the subject of appeal and can be taken away, so lets wait shall we.


Sounds like your paying the legal fees then, you plate owners money to burn


Looks like a lot of legal fees with four appeals, Can Station taxi's afford that


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PostPosted: Tue Jul 06, 2010 11:33 pm 
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Hypnotist wrote:

Looks like a lot of legal fees with four appeals, Can Station taxi's afford that


I'd say yes they can, and i'd also say plates will be re-issued on appeal and you'll find you have extra licenses immediately and deregulation long term.

CC

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PostPosted: Tue Jul 06, 2010 11:45 pm 
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Sussex wrote:
All this reminds me of a story I posted over six years ago.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=659

For the record the council concerned de-limited two years later.

All this also reminds me of the Bournemouth/Ombudsman decision where the council gave the plates to the drivers, there was an appeal to the ombudsman but he said the plate holders had been benefiting from an illegal arrangement for years, at least regarding one of the plates, and compo was refused. But on the other from memory the council had to pay the old plate-holder £20,000.

Local Government Ombudsman, Digest of Cases 2002-03, Report 01/B/457

In short this is all a murky mess, but one founded on councils not having a f***ing clue what they are doing. :sad:
It jumps from Taxi Law... and hinges on reasonable expectations.. if the council had any sense... they put the licences in both names...... and then literally..... let the people involved fight it out..

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PostPosted: Tue Jul 06, 2010 11:47 pm 
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MR T wrote:
Sussex wrote:
All this reminds me of a story I posted over six years ago.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=659

For the record the council concerned de-limited two years later.

All this also reminds me of the Bournemouth/Ombudsman decision where the council gave the plates to the drivers, there was an appeal to the ombudsman but he said the plate holders had been benefiting from an illegal arrangement for years, at least regarding one of the plates, and compo was refused. But on the other from memory the council had to pay the old plate-holder £20,000.

Local Government Ombudsman, Digest of Cases 2002-03, Report 01/B/457

In short this is all a murky mess, but one founded on councils not having a f***ing clue what they are doing. :sad:
It jumps from Taxi Law... and hinges on reasonable expectations.. if the council had any sense... they put the licences in both names...... and then literally..... let the people involved fight it out..


reasonable expectation......that was the term I was looking for :wink:

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
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PostPosted: Wed Jul 07, 2010 12:20 am 
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captain cab wrote:


They've done that in the past havent they.....York vs. Thornton?

CC[/quote]

What case was this please Captain? Do you have a link to it?


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PostPosted: Wed Jul 07, 2010 1:33 am 
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[quote="MR T"][quote="Sussex"] All this reminds me of a story I posted over six years ago.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=659

For the record the council concerned de-limited two years later.

All this also reminds me of the Bournemouth/Ombudsman decision where the council gave the plates to the drivers, there was an appeal to the ombudsman but he said the plate holders had been benefiting from an illegal arrangement for years, at least regarding one of the plates, and compo was refused. But on the other from memory the council had to pay the old plate-holder £20,000.

[b]Local Government Ombudsman, Digest of Cases 2002-03, Report 01/B/457[/b]

In short this is all a murky mess, but one founded on councils not having a f***ing clue what they are doing. :sad: [/quote]

[quote]It jumps from Taxi Law... and hinges on reasonable expectations.. if the council had any sense... they put the licences in both names...... and then literally..... let the people involved fight it out..[/quote]

Didn't Challoner v Evans show that an expectation doesn't equal a right?

Doesn't the Act state that the licence must show the name of the proprietor/s and that it is illegal for that document to not reflect the 'true' situation?

The joint names idea would not sort it out either if you remember Reigate and Banstead v Garrett. There, the magistrates found that the council had to issue the licence in the sole name of the person who reapplied. Joint names on the licence made no difference because the vehicle was the sole name of Garrett.

I can't remember which case it was but I am sure someone said that the council had no discretion with regard to what name they put on the licence and that it HAD to bear the name of the vehicle owner?

I also don't understand what good appealing will do if the courts are bound by the Act - especially when it seems to support the position of the car owners rather than the (former?) plate holders. Unless of course the plate holders are suing the drivers for breach of contract or something? Can a court find that you should pay damages for something that it was illegal for the holder to rent out in the first place?

Its a complex subject, that's for sure.


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PostPosted: Wed Jul 07, 2010 9:42 am 
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It would appear that my user name has misled some people as to my identity ! ! I dont own anything and anything I do own is not subject to an appeal of any kind ! I do lodge an appeal myself, everytime Its my turn to do the dishes, but its always over ruled by 'the judge' ! She's a tough one I tell yer !


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PostPosted: Wed Jul 07, 2010 10:01 am 
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For the record, the York 4 will get the plates, Council will de-reg, one day and York Station will be open to every Hackney in York, one day. Dont say I have'nt warned you. Lke it or not Government and EU legislation cannot be ignored forever.
But imagine if you rent a plate and de-reg comes in ! You get a plate along with many others, you can afford a drop in takings cos you paid owt from £150 to £250 per week and now you dont have to pay that. You probably have to work same hours, maybe more.
On the other hand, if you own a plate or multiple plates, who gonna rent it if everyone got their own ? What do yer do with 2,3,4 or 5 plates if all yer rental drivers have got their own ?
Seems to me de-reg has its benefits to present rentals and downfall to present proprietors.
Hey ! just thought ! maybe thats why plate owners object so strongly to de-reg ! Cant believe no one realised that before ! ! ! But thats my opinion ! And Im entitled to it, are'nt I ?


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PostPosted: Wed Jul 07, 2010 12:16 pm 
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onerebeloffour wrote:
It would appear that my user name has misled some people as to my identity ! ! I dont own anything and anything I do own is not subject to an appeal of any kind ! I do lodge an appeal myself, everytime Its my turn to do the dishes, but its always over ruled by 'the judge' ! She's a tough one I tell yer !

Dont forget her birthday or your wedding anniversary or you could be forced to do the iorning putting tram lines down the front of your boxers for life :shock: :shock:


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