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 Post subject: Loss of Earnings
PostPosted: Wed May 04, 2011 10:31 am 
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Joined: Wed May 04, 2011 7:16 am
Posts: 5
Location: Warrington
I need some advice and help, here is the background of my case:

When I came to UK in 2001, I applied for national insurance, DVLA license and other documents based on my original date of birth which was 06-02-74 hand written on my old passport. In 2008, I went back to Pakistan and obtained a new computerized passport with a new visa, they changed my date of birth to 06-07-74, they misread hand written 2 as 7. I didn’t realize until I got back to UK. I thought I will be able to get that rectified using Pakistan general consulate services in Manchester before June 2010 when my settlement visa was due to expire. I applied for a taxi badge in Feb 2009 with Warrington borough council with the original DOB of 06-02-74. March 2010 when I contacted Pakistani general consulate to rectify the error, I was told its impossible as its a computerized record now and only way to change it if I can provide a birth certificate, which I haven’t got one. Any way I explained that to DVLA and home office ( while applying for indefinite Visa) they kept my application and at the end accepted my new DOB. I went on informing the other authorities like HM revenue, National insurance and Taxi licensing departed. Ever one changed it except Taxi licensing officer. He suspended me for making a false deceleration. I went to see licensing officer next day and explain him the whole situation he started to pick on my different address on the driving license and taxi badge, I begged him to let me carry on working while he does his investigation to which he said I cant. I took help from a ex taxi association chairman and he was told by the licensing officer that if I put an appeal against the suspension I can work. Shocked as why was that information with held from me when I asked him. I put my appeal in and worked. On 09th sept we appeared in front of a committee and they revoked my badge as not satisfied with my true identity even though the committee chairman admitted that an error has been made and asked the licensing officer if I can drive to which he said no as CRB and DVLA check are done on old DOB. In that meeting licensing officer informed us that he contacted his he ex colleague who used to work for Cheshire police and now works for UK border n immigration agency, on making an inquiry that guy told him that I was stopped at Manchester airport on 18 march 2008 and they have an email may 2008 from me for a visa inquiry which confirms my DOB as 06-06-74.
after my badge was revoked I got my local MP involved who wrote a letter to the council. I submitted my new application on 04 Nov 2010. licensing officer was still asking to provide him with a letter from Pakistani general consulate to clarify the DOB issue, which they refused. At the end I got a solicitor involved and he took my case and on 11th Apr 2011 in another committee hearing we won the case and got my new badge. First thing my solicitor said to them was that revoke-tion was my badge was illegal, cause I submitted an appeal against the suspension, committee should have requested to magistrate court to discharge that appeal before revoking my badge.

Now 3 points I need advice and help on:

1: Can a licensing officer contact immigration and border agency and request for my private data on a phone call, isn’t this against data protection?

2: Referring to my solicitors comments, did the licensing committee took an illegal step by revoking my badge when an appeal was pending in a court?

3: Is there a way I can claim for lost of earnings for 7 months as I went through hell for nothing, I provided them exactly same identity documents in this meeting as the one where they revoked my badge.

Sorry about the lengthy background, just wanted the person providing me an advice to know the background of the case.


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PostPosted: Wed May 04, 2011 5:34 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57350
Location: 1066 Country
1. The Licensing Officer has to ensure you are who you claim to be, and if that involves a check to the Border Control police, then so be it. I would guess that your initial application (which you presumably signed) gave them permission to do all necessary checks. Many on here, including me, have complained about Licensing Officers not doing enough checks.

2. If your solicitor says the committee process was unlawful, then I can't really disagree. However I suspect it will cost you several thousand pounds to challenge it. Of course you can make a complaint to the Local Government Ombudsman.

3. You can make a claim against the council for loss of earnings, but maybe that should be part of the complaint you take up with the Local Government Ombudsman.

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PostPosted: Thu May 05, 2011 11:27 am 
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Joined: Wed May 04, 2011 7:16 am
Posts: 5
Location: Warrington
thankyou, thats a great help


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PostPosted: Fri Jun 03, 2011 12:12 pm 
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Joined: Sat Mar 04, 2006 12:15 am
Posts: 140
The best place to get advice on all of this is your solicitor. he is already fully aware of all the issues.

Should you win your case his costs will be covered.


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