Taxi Driver Online

On the licensing officers report it stated that there were no financial implications for the council. A short sighted view when the benefit that he is repaying is an overpayment in housing benefit which is owed to the council and he will now not be able to repay this sum. Also it will mean that he will be making a new claim for housing benefit because he will be unemployed.
I may just point this out to the council.

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Grandad,

Wasnt the previous employer guilty as well?

and if it was cash its his word against theirs, id have stood my ground plus, as has been said, HMRC should pay the firm a visit over unpaid tax and NI contributions, then theres the VAT man and probably UK Immigration, i bet he has a few "me no eeengleesh" drivers

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Of all the things ive lost, i miss my mind the most

The previous "employer" said that he was self employed. It was pointed out to them that this was not the case and now the telephone booking person is on the books.
The company produced figures (allegedly made up) to show how much he had earned whilst doing the switch when he could not drive. The company accountant could not back up the figures. I am told that the low pay unit and HMRC are taking a good look at the books. We have no "me no eeengleesh" drivers in the town at all.
To make it look like the drivers are earning the minimum wage, they are being told to divide their take home money by the minimum wage to give the hours worked at minimum wage. So a driver could work 48 hours but say that they have worked 28 hours at minimum wage.

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Grandad,

Looks like the sheit is about to hit the fan, not fit and proper like

Have his other "employees" been claiming benefits as well?

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

has he been in any trouble before, as he got any points on his licencse, as he got any passed criminal convictions, as he been before the licenseing committee for anything at all. if the answear to all of this is no then appeal.

how long as he been a driver either p/hire or hackney

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C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

He has not been in trouble before, he has 3 points on his drivers license for speeding. he has no passed criminal convictions and he has not been before the committee before. He has been a taxi driver for around 20 years.

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Grandad,

Stick an appeal in - he has 21 days to do so from date of written notice of revocation. At least that way he can carry on driving until the appeal is heard and hopefully afterwards. The legal rep for the council will focus on dishonesty (there is a case where a Judge refers to drivers being "sober, honest " etc) and the fact he is handling customer money and he is in a position of trust. It is difficult to get costs against a Council unless, of course, as suggested earlier, it can be shown that they acted unreasonably etc in making their decision- I think that would depend upon how long post renewal he had been driving -Tactically the longer the appeal is dragged out the greater is your case to show that historically and nothwithstanding the conviction, currently he can be trusted to be honest with passengers. The Court look at where he is at as at the final hearing not where he was at Committee stage. Magistrates Courts are funny places though! If he loses he will probably have to pay the costs of the Council.Testimonials from customers ( who the Council are keen to protect) re his honesty will assist. If he withdraws his appeal the day before the hearing he will probably still have to pay costs. Again as suggested above what does the Council policy say what the committee will likely do if there is a conviction for dishonesty. That's the other point the Court have to 'stand in the shoes' of the Council and if the policy says revoke whilst they can depart from it there have to be good reasons to do so. If the Policy is unreasonable then that can be challenged in the High Court not the Mags. Yes he needs legal advice from a 'taxi' lawyer - like me DS

What date does the 21 days take it to, he at least can work over Christmas and new year, then put the the appeal in.
And keep on working until its called.
Dont forget it will be 21 working days weekends dont come into it

He can keep working until Jan 2nd 2012. The council then say he has to hand his badge in. They don't say that he can keep working until any appeal is heard.
Assuming that he does appeal and loses, the council may be able to claim costs but because he will have no income, how will he be expected to pay the costs?

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Grandad,

Where are you based and do you do legal aid work?

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Grandad,

Dont forget the council will be closed at new year until the 3 rd at least, and as they dont say he cannot work until the appeal whats to stop him unless the magistrate does, once he appeals he can work until the case is called

No doubt the courts will be closed as well. How does he stand with the 21 days if the courts are closed?

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Grandad,

The date he receives written notice of the decision - 21days runs from then. So if he receives it today lodge the 'complaint' by 5/1/12 at the very latest. Fee is £200 I think at mo. I cover Wolverhampton, Dudley, Walsall, Telford , Shropshire and no we don't do legal aid! I don't think you can get it for these. DS

Not his problem