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PostPosted: Wed Jan 26, 2005 12:16 am 
I am amazed cannot wait for the reasons!


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PostPosted: Wed Jan 26, 2005 8:16 am 
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Yorkie wrote:
I am amazed cannot wait for the reasons!

Like you Mr Yorkie I await with interest for the reasoning, but I have got a good idea on the cause. :shock:

If those that pretend to represent this trade at a national level, spent one tenth of their time on issues like this, instead of consentrating solely on protecting quotas, then you just never know what the outcome could have been.

Still apart from the lads at the Airport, the national so called leadership must think it doesn't effect anyone else. :sad:

YET

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PostPosted: Wed Jan 26, 2005 8:39 am 
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Quote:
"The Traffic Commissioner has now conducted her review of the evidence and legislation and as a result has determined that there is no evidence before her to call a Public Inquiry.



Perhaps, just perhaps, when the report is issued, we will find out the reasons why.

Until that time I understand innocent until proven guilty remains the ethos of our society.

Regards

Captain cab

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PostPosted: Wed Jan 26, 2005 9:15 am 
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captain cab wrote:
Quote:
"The Traffic Commissioner has now conducted her review of the evidence and legislation and as a result has determined that there is no evidence before her to call a Public Inquiry.



Perhaps, just perhaps, when the report is issued, we will find out the reasons why.

Until that time I understand innocent until proven guilty remains the ethos of our society.

Regards

Captain cab


It would be interesting to see the catalogue of Charges levelled against AirportCarz and the supporting evidence.

Best wishes

JD


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PostPosted: Wed Jan 26, 2005 10:07 pm 
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true JD,

looking forward to it

regards

Captain cab

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PostPosted: Wed Jan 26, 2005 10:30 pm 
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Rang the Traffic Comms today to register my disapproval and amazement. I asked for the Transcript and the thought processes involved, but because the Comm has not reased her thoughts into the public domain we will have to wait until the stated date to hear her ruminations.
I objected on the grounds that we need to form some sort of case to rebut any contrary arguments. I pointed out that if we are expected to go to Lancaster we would at the very least receive an outline, if the complete version is to remain secret until the day. After all none of us would go into any meeting unless we were armed with an agenda.
I was told that it is not possible to forewarn us in any way. I did get an admission that depending on efforts on the day we might be able to force a rethink.
Captain, I am not being pedantic but charges have not been laid. Our observations have been noted, such as fully documentated video evidence of instant bookings being taken by drivers and still they think that they are acting within the law.
My main worry is that we have been able to keep a lid on any form of retaliation but now who knows? Our lads have put up with provocation and have acted with restraint. Do you remember one of my earlier mails about one of their drivers running one of ours of the motorway? prosecution is pending on that one. Probably they will find that under the current legislation that there is a grey area that allows them to do this.
The fight goes on.
Ged

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PostPosted: Wed Jan 26, 2005 10:45 pm 
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Captain, I am not being pedantic but charges have not been laid. Our observations have been noted, such as fully documentated video evidence of instant bookings being taken by drivers and still they think that they are acting within the law.
My main worry is that we have been able to keep a lid on any form of retaliation but now who knows? Our lads have put up with provocation and have acted with restraint. Do you remember one of my earlier mails about one of their drivers running one of ours of the motorway? prosecution is pending on that one. Probably they will find that under the current legislation that there is a grey area that allows them to do this.
The fight goes on.


Ged,

Thank you for the reply and I appreciate what you are saying, I also know that you are a hardworking sole who is committed to the job, (our friend at taxitalk told me and as he'll be reading this he'll either smile about the plug or hit the roof, incidentally due to his workload he was unable to get there in person this month, but he passed your mags to one of your colleagues)

The reason I stated what I have stated was that I would like to see what was actually considered with bearing to the judgement, before forming an opinion. Thats why I've not really said much about your plight.

I do have an opinion about your situation, and I feel that the airport is to a degree more than a little culpable for allowing the situation to develop in the first place.

However, apart from that opinion, which is basically "it shouldnt have been allowed in the first place", I wanted to see what the commisioner considered, although you being closer to the facts will want to know a lot sooner than me.

regards

Captain cab

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PostPosted: Wed Jan 26, 2005 10:59 pm 
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Cap,
I will try and get posted to you the outline of the "case",
as you will realise I have been circumspect throughout so as not to forewarn our friends.
Your best wishes I will pass on to our guys who have been running the show, my involvement is purely in the background and mainly as "devils advocate". It would have been to easy to assume that our perception of the operation was outside of the law but we needed to distance ourselves from that line of thinking and to always realise that the law and justice do not always go hand in hand.
Your observation about the Airport is spot on, without their connivance this operation would have finished on day one.
Ged

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PostPosted: Wed Jan 26, 2005 11:12 pm 
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If you dont mind me saying this, it must be the little bit of a doom monger within you ( I have one of those myself), but I felt when you were adding posts that you were under the impression it wasnt over.

If I was in your position, and subject to the approval of your colleagues, I would forward your observations and perhaps reflections on the issues raised to the trade press.

Anything you have done or indeed feel you shouldnt have done, will be of use around the country.

I hope you offer an exclusive to both this site and our friends magazine. :wink:

Regards

Captain cab

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 Post subject:
PostPosted: Wed Jan 26, 2005 11:16 pm 
Well thats the worst advice I think,

the trade press is the last place to fight this!


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PostPosted: Wed Jan 26, 2005 11:21 pm 
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Quote:
the trade press is the last place to fight this!


Yorkie,

I was trying to say make his observations available to others to learn from. If Ged wants to do this via a trade journal or this website how is this bad advice?

I am NOT saying, start bad mouthing anyone, just casual observations, in a manner if they could do it again, they'd do it this way.

regards

Captain cab

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PostPosted: Thu Jan 27, 2005 8:36 pm 
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Captain,
Definately not a doommonger ( is there such a word?). My position has always been that the law the way it is framed has never been properly tested. The Traffic Commissioners are not the Judiciary and as such give opinions based on advice handed out in '86. This advice followed the '85 Act which was undoubtably so convoluted as to be beyond the average legal departments of most Councils.
I have tried throughout to see that that no matter how badly we think we have been treated that the law governing O licences is mired in inconsistancies. The most obvious being the fact that a company that ostensibly is licensed as a bus operator would appear to be able to act as a private hire/taxi without fetter. This to any body within the trade cannot be right, so whom do we approach? Manchester City Council say that because they do not licence them they are beyond their control. The Police wring their hands and say that their actions are limited because they do not know the law well enough to give a definitive answer.
My only solution and it may be to late for many of our guys is to force a change in the Hire and Reward industry. In another thread you mention the different tiers but what is the use of that if certain sections can straddle all three with impunity?
Ged

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PostPosted: Thu Jan 27, 2005 8:47 pm 
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Quote:
My only solution and it may be to late for many of our guys is to force a change in the Hire and Reward industry.


You are absolutely correct, any vehicle that is hired and where payment is made should come under the jurisdiction of some higher authority.

Quote:
Manchester City Council say that because they do not licence them they are beyond their control.


I suppose therefore if you take your plate off your taxi tommorrow, they wont chase you then? I am of course being ironic.

As I stated earlier, the airport to me carry a lot of the blame here, you would believe a clause in a contract stating vehicles must be licensed by a local authority could have been included in the original tender (if there was one)

regards

Captain cab

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 Post subject:
PostPosted: Thu Jan 27, 2005 8:56 pm 
gedmay wrote:
Captain,
Definately not a doommonger ( is there such a word?). My position has always been that the law the way it is framed has never been properly tested. The Traffic Commissioners are not the Judiciary and as such give opinions based on advice handed out in '86. This advice followed the '85 Act which was undoubtably so convoluted as to be beyond the average legal departments of most Councils.
I have tried throughout to see that that no matter how badly we think we have been treated that the law governing O licences is mired in inconsistancies. The most obvious being the fact that a company that ostensibly is licensed as a bus operator would appear to be able to act as a private hire/taxi without fetter. This to any body within the trade cannot be right, so whom do we approach? Manchester City Council say that because they do not licence them they are beyond their control. The Police wring their hands and say that their actions are limited because they do not know the law well enough to give a definitive answer.
My only solution and it may be to late for many of our guys is to force a change in the Hire and Reward industry. In another thread you mention the different tiers but what is the use of that if certain sections can straddle all three with impunity?
Ged



Manchester City can take no action as it is one for vosa
the police cannot take action its not a police matter

you sue vosa? that would be stopped in the public interest unless its declared ultra vires anyway.

the only course of action is a judicial review, you would have to argue that her judgement was so barmy no sane person could have made it.

but it appears to be against the commissions rules, bizare


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PostPosted: Thu Jan 27, 2005 9:39 pm 
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Cap,
The history of the whys and wherefores I have documented on here in the past. The Airport decide to maximise income from "their Taxi Service" to offse the falling income from Duty Free sales.
Their first attempt went out to tender and was awarded to "Checker Cars",
their mistake being that they were a P.H company and as such fell foul of the ranking and plying for hire regs. They lasted for about 12 months, but we knew all along that our friends were waiting in the wings and they and the Airport were determined that lessons were learned.
I might be wrong but the contract did not go to tender second time around.
Well they duly arrived with the Unfairport bending over backwards to help them. Adverts to greet people getting off planes plus the telephone number before they even got to the arrival halls. Yellow parking bays for three buses along side our ranks, every other Bus , P.H and Taxi company being given short shrift by the Police/traffic wardens, every aspect is completely one sided.
The most annoying thing for me is that I pay Manchester City Council all my necessary fees, then I have to pay the Airport a permit fee not forgetting that the Council own 51% of the Airport. So I am paying for enforcement to one body that has completely abrogated its duty and another fee to a company that is shafting me.
Geoff, a point for you to ponder about the council, one or two P.H companies that I know are waiting to see which way the case turns before they apply for O licences themselves, they are threatening to ply for hire on the streets and will argue that if what the Council is currently saying is true it must be true for them as well. That is to say that because they are not licensed in Manchester they are beyond Manchesters remit. It can only lead to anarchy.
You are quite right about Judicial review but the cost is prohibitive, and there is a lot of unrest with our current fund falling way short of its projected total because some of more enlightened drivers will only pay up if we win. I think I will try that approach with our local Bookies.
The forum will be on us soon enough and then we will have to decide whether we roll over or fight on.
I think I will accept the Dusty nomination for endurance, the wrinkly one I will brush over. :wink:
Ged

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