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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 5:45 am 
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Well I assume "expenses incurred by them in carrying out their functions" includes any litigation arising in the course of them carrying out their functions"?

I mean, take your argument to its logical conclusion and the council cocks up in any way and/or does anything that an individual licence holder considers detrimental to their interests and to that extent withold all or part of their fees?

Sounds a bit like those who argue that they should be able to withhold part of their taxes because they don't agree with nuclear weapons, for example.

Of course it's all unfair, but unfortunately that's life.

As for the £1,500 for new applicants, didn't I question that, and indeed have done so several times in the past, thus I'm not sure what your point is?

But all of this smacks of nitpicking, and even if there is some mileage here wouldn't you be better concentrating on the bigger issues, such as all these court cases that were supposedly round the corner?

Oh, I get it now, Ali's a bit miffed at having to pay yet another £1,500 for his latest application. :lol:

WTF's he done with the proceeds from all these plates? #-o


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 3:47 pm 
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Dusty Bin wrote:
Well I assume "expenses incurred by them in carrying out their functions" includes any litigation arising in the course of them carrying out their functions"?

I mean, take your argument to its logical conclusion and the council cocks up in any way and/or does anything that an individual licence holder considers detrimental to their interests and to that extent withold all or part of their fees?

Sounds a bit like those who argue that they should be able to withhold part of their taxes because they don't agree with nuclear weapons, for example.

Of course it's all unfair, but unfortunately that's life.

As for the £1,500 for new applicants, didn't I question that, and indeed have done so several times in the past, thus I'm not sure what your point is?

But all of this smacks of nitpicking, and even if there is some mileage here wouldn't you be better concentrating on the bigger issues, such as all these court cases that were supposedly round the corner?

Oh, I get it now, Ali's a bit miffed at having to pay yet another £1,500 for his latest application. :lol:

WTF's he done with the proceeds from all these plates? #-o



You seem to be suggesting that on one hand, “fiscal responsibility” is simply about balancing the books when it comes to court cases and legal fees, while on the other, the council should be fiscally responsible with licence fees. :?

Perhaps, we need the definition of what “fiscal responsibility” is, before jumping to the conclusion that, "expenses incurred by them in carrying out their functions" includes litigation in all circumstances. :-|


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 3:49 pm 
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Dusty Bin wrote:
Well I assume "expenses incurred by them in carrying out their functions" includes any litigation arising in the course of them carrying out their functions"?

I mean, take your argument to its logical conclusion and the council cocks up in any way and/or does anything that an individual licence holder considers detrimental to their interests and to that extent withold all or part of their fees?

Sounds a bit like those who argue that they should be able to withhold part of their taxes because they don't agree with nuclear weapons, for example.

Of course it's all unfair, but unfortunately that's life.

As for the £1,500 for new applicants, didn't I question that, and indeed have done so several times in the past, thus I'm not sure what your point is?

But all of this smacks of nitpicking, and even if there is some mileage here wouldn't you be better concentrating on the bigger issues, such as all these court cases that were supposedly round the corner?

Oh, I get it now, Ali's a bit miffed at having to pay yet another £1,500 for his latest application. :lol:

WTF's he done with the proceeds from all these plates? #-o

i would assume that an expense would be a reasonable expense such as the cost of premises fee's payable to vosa etc
in short reasonable and necessary expense
i think the wording in sec 12 is meant to ensure that the public purse is protected and it shouldn't be a burden to the taxpayer in general.
now if you follow that logic to its natural conclusion ......... :roll:
restriction is not a necessary policy certainly not under the terms of the act,therefore a survey can hardly be seen as a necessary expense of the consequence of an unnecessary policy....surely :roll:

as for an individuals actions as a result of there individual decisions being a self imposed burden the yes i agree however those decisions only affect me and mine and are only a burden on me.
however its hardly the same thing as a council imposing a burden on itself that only has detrimental consequences on the very applicants who are paying for it.

as for the fee of £1500 why would i be miffed at that i intend to get the money back and appeal.
after all it worked for the recent court cases
as for any profits ive still got the majority of them why do you ask :roll:


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 3:55 pm 
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any how i doubt necessary functions was intended by Parliament to be a blunderbuss to mean any thing at all.

thats the sort of carte Blanche approach that councils take to the interpretation of the acts,and thats why its a mess.


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 4:07 pm 
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ALI T wrote:
any how i doubt necessary functions was intended by Parliament to be a blunderbuss to mean any thing at all.

thats the sort of carte Blanche approach that councils take to the interpretation of the acts,and thats why its a mess.


And that's exactly what you find yourself battling against. Their interpretation of the act in its broadest terms, until redefined through the courts. :-|


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 4:15 pm 
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Skull wrote:
ALI T wrote:
any how i doubt necessary functions was intended by Parliament to be a blunderbuss to mean any thing at all.

thats the sort of carte Blanche approach that councils take to the interpretation of the acts,and thats why its a mess.


And that's exactly what you find yourself battling against. Their interpretation of the act in its broadest terms, until redefined through the courts. :-|

yep and every-time it goes into court the argument becomes more focused and the wriggle space for councils become ever more restrictive


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 4:22 pm 
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the problem with acts of parliament is that the legislators fail to take in the human factor.

it may appear a reasonable thing to put to print and along comes some unscrupulous inhuman t***,who knows fine and well what it was intended to mean but decides that his interpretation suits his masters policies better.

kinda like asking the courts for an extension of the six month period aloud if there is a good reason.
and there idea of a good reason being that they don't have up to date info as required under the act,but they will have if we get an extension and the info wont be favorable on the applicant.

fecking hilarious when you think about it


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 4:32 pm 
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Dusty Bin wrote:
ALI T wrote:
but should a council be allowed to charge this item through licensing fee's

after all the decision to restrict taxi numbers numerically is a self imposed burden,they don't have to do it.

so why pass that burden on to license holders and ultimately applicants.

im pretty sure thats contrary to natural justice.

and although they are allowed to make enough money to cover the costs of running the department,as they do not have to restrict then surely that isn't a necessary charge

getting applicants to pay for a council to engage a survey to deny the applicant a license.that cant be right


I can't really see any particular issue here. The legislation simply says that they should recover in license fees the costs they incur in carrying out their functions under the various sections, and that includes the option to restrict numbers.

As regards restrictions being a 'self-imposed burden' then aren't all licensing functions the same? They don't have to licence taxis at all, and even when they do much of how they licence them could be seen as a self-imposed burden. And after all it is vehicle licencees who are benefitting from the policy.

Of course, an applicant for a new taxi licence is in a different position, but I suspect the council would argue that since the applicant will be aware of the restricted numbers policy then to that extent making an application and paying the fee is a...er...self-imposed burden. :roll:

Rather than the fee for an application per se I think there's probably more mileage in the challenging the size of the fee, since presumably natural justice dictates that the fee charged should bear some relation to costs incurred in processing the licence, and there's no obvious reason why it should cost more to process a new licence as compared to renewing an existing one, at least to the extent suggested by the disparity in fees between new applications and renewals. And of course no other council has a similar disparity of anything like that in Edinburgh. It looks more like simply a deterrent to stop new applicants.

And why are PH licences charged at the same rate as taxis? It should surely cost less to adminster a PH licence fee, particularly since many of the costs incurred - surveys and legal fees, most obviously, not to mention staff and management time spent on the whole restricted numbers gig - relate to taxi licences only.

Has CEC ever justified the £1,500 plus fee for new vehicle applications, and has anyone - particularly on the PH side - ever challenged it?

12. Fees for taxi and private hire car licences.
A licensing authority shall charge such fees in respect of taxi and private hire car licences and
applications for such licences as may be resolved by them from time to time and shall seek to ensure
that the total amount of such fees is sufficient to meet the expenses incurred by them in carrying
out their functions under sections 10 to 23 (other than section 19) of this Act in relation to such
licences.


you seem to be arguing both sides of the coin here dusty

its either any thing they say is a necessary function whether it be £1500 for an app £250k for surveys,or anything else that they could claim as necessary which could be anything at all if you take that stance including funding trips round the world for the entire staff at the cab office to see how it works in other countries if they see fit.

or you could interpret what is a necessary function with a little more lets say .............common sense

or are you just playing devils advocate


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 4:48 pm 
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Dusty Bin wrote:
ALI T wrote:
count on us are doing the interim stance surveys.
what im not getting is the huge jump in price £7k to £34k its automated video recording ffs.
i asked for the tender documents and have not been given them so presumable they don't exist
jacobs and halcrow did the main surveys
interesting that the survey done by halcrow in 2009/10 despite asking for the received tenders cec failed to give me them with no explanation likewise count on us.


Well looking at the figures from an outsider's perspective and ignoring the interim surveys the figures suggest Jacobs did the first main survey, Halcrow the second, and Counts 'r' Us the latest survey?

Have their been three main surveys during the period?

Not sure how councils will approach a freedom of information requests like this, but if you're asking them to justify every last penny and provide invoices for every transaction then they may well come back and say that the cost of providing the information exceeds the limit, which I think they're allowed to do under the FOI legislation.

If you ask them to substantiate the survey fees alone you should be OK though, because there shouldn't be that many transactions going through the accounts.

im not being funny but they haven't even supplied the tender for the interim surveys.

how did count on us get the contract,why the jump in fee's to almost 5 times the price of the previous years.
why is it even necessary it wasn't in previous years why now ?

all questions that should be easily answered if the council adhered to the terms of a foi request and where transparent with the information


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 5:52 pm 
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ALI T wrote:
Dusty Bin wrote:
ALI T wrote:
count on us are doing the interim stance surveys.
what im not getting is the huge jump in price £7k to £34k its automated video recording ffs.
i asked for the tender documents and have not been given them so presumable they don't exist
jacobs and halcrow did the main surveys
interesting that the survey done by halcrow in 2009/10 despite asking for the received tenders cec failed to give me them with no explanation likewise count on us.


Well looking at the figures from an outsider's perspective and ignoring the interim surveys the figures suggest Jacobs did the first main survey, Halcrow the second, and Counts 'r' Us the latest survey?

Have their been three main surveys during the period?

Not sure how councils will approach a freedom of information requests like this, but if you're asking them to justify every last penny and provide invoices for every transaction then they may well come back and say that the cost of providing the information exceeds the limit, which I think they're allowed to do under the FOI legislation.

If you ask them to substantiate the survey fees alone you should be OK though, because there shouldn't be that many transactions going through the accounts.

im not being funny but they haven't even supplied the tender for the interim surveys.

how did count on us get the contract,why the jump in fee's to almost 5 times the price of the previous years.
why is it even necessary it wasn't in previous years why now ?

all questions that should be easily answered if the council adhered to the terms of a foi request and where transparent with the information


The trouble is, with councils, to win the war you've got to have enough resources to pound them into the ground at every opportunity. Yes, you may win minor skirmishes and the odd battle, here and there, but unless you have the cash, winning the war against their lies and duplicity is a forlorn hope.

Their failure to provide the tender document is simply a sign of the contempt they have for people. It also shows a certainty of position. They must be pretty sure they are untouchable if ever found out. :-|


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 8:20 pm 
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getting applicants to pay for a council to engage a survey to deny the applicant a license.that cant be right


You make it sound like you're being hard done by the system, whereas it's the system that's lined your pockets to the extent of well over £100k over the past handful of years.

Now a wider political point made by Sussex - about the whole system with regard to the costs CEC has incurred fighting legal battles - has been usurped by yourself in your own personal crusade against the fee for yet another application for a plate. A familiar pattern?

So Ali I think I'll leave you and Skull to wallow in your self-righteousness and self-pity. :lol:


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 9:40 pm 
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Dusty Bin wrote:
Quote:
getting applicants to pay for a council to engage a survey to deny the applicant a license.that cant be right


You make it sound like you're being hard done by the system, whereas it's the system that's lined your pockets to the extent of well over £100k over the past handful of years.

Now a wider political point made by Sussex - about the whole system with regard to the costs CEC has incurred fighting legal battles - has been usurped by yourself in your own personal crusade against the fee for yet another application for a plate. A familiar pattern?

So Ali I think I'll leave you and Skull to wallow in your self-righteousness and self-pity. :lol:


Dusty, if it was an equitable system, there would be no need for anyone to challenge the council's conduct. Unfortunately, your argument comes from the flawed perspective of Ali's personal gain and not the rights or wrongs of the council abusing their powers in protecting a restricted market and vested interests. The council is corrupt. :-|

You could call it a battle of right against might, with fringe benefits for the victor. :-|


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 9:54 pm 
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But you can't exploit the system for personal gain and then complain about how inequitable the system is without looking hypocritical.

It's like Fred Goodwin complaining about how inequitable boardroom salaries are :lol:

Of course Ali's well within his rights to question CEC and/or the ombudsman on the issue, but I suspect that now his true purpose has become clearer then no one other than him, yourself and jasbar (presumably) are particularly interested. [-(

Or at least I hope not. :D


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 10:07 pm 
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Dusty Bin wrote:
But you can't exploit the system for personal gain and then complain about how inequitable the system is without looking hypocritical.

It's like Fred Goodwin complaining about how inequitable boardroom salaries are :lol:

Of course Ali's well within his rights to question CEC and/or the ombudsman on the issue, but I suspect that now his true purpose has become clearer then no one other than him, yourself and jasbar (presumably) are particularly interested. [-(

Or at least I hope not. :D


Dusty, if it was an equitable system, there would be no need for anyone to challenge the council's conduct, and no financial gain for anyone as a consequence of the council losing in court. It's simply a bed of the council's own making. There is no hypocrisy, that's only the way you choose to see it. #-o

Oh and Dusty, if anyone is exploiting anything, it's the council. :-|


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 Post subject: Re: budgets
PostPosted: Sun Jan 22, 2012 10:14 pm 
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Skull, if you want to continue making a moral/political case against the system then you should have cut Ali loose ages ago.

As things stand in that regard he's now a liability rather than an asset.

It's a bit like someone standing for Parliament and making a stand against MPs' expenses, then when they're elected they start claiming for allsorts on expenses and then blame the system.

But then no one's listening to your political case against restricted numbers anyway. Perhaps Ali's the reason why?


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