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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 3:26 am 
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Skull wrote:
Fairplay wrote:
Gary, you’ve already been told, ( By people that DO know the law), that the HR argument has nothing to do with the Council issuing Plates... Ha ha... luvin’ this ...


Oh and who was that john? ... ha ha luvin' this #-o What a feckwit #-o



Did the Council solicitor not say this at one of the RC meetings ? Selective memory methinks...


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 3:34 am 
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Fairplay wrote:
Gary says, “ I know for a fact that councillors don't give a fu*k about the man in the street or the ones driving taxis, and I've seen it with my own eyes”. “FACT”. Not his opinion, “FACT”. See, his World is real to him !.


John, 99.9% of councillors have no idea, who the f*ck you are. To think they really give a sh*t about someone they don't know is lunacy. I've seen them abuse their powers without even batting an eyelid. They don't care. Ask Ali, he's been there. #-o


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 3:39 am 
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Fairplay wrote:
Skull wrote:
Fairplay wrote:
Gary, you’ve already been told, ( By people that DO know the law), that the HR argument has nothing to do with the Council issuing Plates... Ha ha... luvin’ this ...


Oh and who was that john? ... ha ha luvin' this #-o What a feckwit #-o



Did the Council solicitor not say this at one of the RC meetings ? Selective memory methinks...


Is this the same council solicitor who's been humped repeatedly in court, and that I ridiculed at a council meeting by telling councillors, he didn't have a clue what he was talking about. #-o

McLeod is a clown, and a real lawyer worth his salt wouldn't have anything to do with that council. :-| He's not there by accident John. #-o


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 3:47 am 
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Skull wrote:
Skull wrote:
Here's an idea to bring about de-restriction once and for all.

A group of individuals get together with the intention of making a single licence plate application. They go to a Human Rights Lawyer and pay for a detailed written submission to be put before the Council RC, on their behalf. The council of course refuses the licence application on the pretense they considered the Human Rights argument along with section 10.3 of the act, and special circumstances.

You then rewrite the submission into a writ of appeal and place it before a Sheriff, with a taxi driver (the applicant) presenting the case as his.

The Sheriff would be forced to consider the council's refusal under Human Rights from the outset, and if, the ruling went in the appellants favour, the council would then have to appeal against the decision all the way to the Court of Session. The applicant would simply be holding the coats, waiting for the outcome.

The fundamental principles on which the case is based would not change throughout the process. You would simply be repeating the same argument over and over.

It would be another Salteri et al situation for the council. :-|



Forget about Ali, Dusty. What do you think about the above?

I realised a while back how hard it is to get a Human Rights Lawyer to fight your case, especially if you are depending on legal aid to fund it. The key is, paying for an HR, lawyer to provide you with a submission in writing. One you can speak to before the RC, with the view to appeal against their decision at a later date, if need be. It's about getting the HR, argument into the process first, at the licensing level and then into court, to be in with a fighting chance. If you win on appeal, the council is knocked onto the back foot, the momentum lies with the appellant. :-|

Come on Dusty, what do you think?


Well I'm slightly more au fait with English law than Scots law, but I don't really know anything about the procedural aspects, nor indeed do I know much about local authority licensing procedures :oops:

But the problem is formulating a substantive legal argument, and I'm not sure if there is a prima facie human rights argument - I mean, what human right is being breached precisely? I don't think it's illegal per se to discriminate, it has to be on grounds of sex, race or whatever to come within the ambit of the HRA. Perhaps indirect age or racial discrimination could be a goer, because younger drivers are less likely to get a plate, ditto immigrants.

But there are several other legal avenues that could be explored - such as European law - but of course as you allude the problem is the cost aspect. If you could hire fancy lawyers then there are all sorts of arguments that could be adduced, but that's a luxury that none of us can really afford.

And I take it that Jasbar's HR case isn't a goer now, in view of what you said above?

If the cost is the hurdle then how could that be surmounted - were you alluding to pooling costs in your original post?


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 3:58 am 
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“99.9% o’ Councillors don’t know who I am”. Really ?. I worked alongside, Paul Nolan, Davy Brown, Jackie O’donnel, Gary Couts, and aw’ their pals for many years son... They know who I am. Plus I knew every one o’ them, ( Apart from Davy Brown), long before they were Councillors


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 4:18 am 
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Dusty Bin wrote:
Well I'm slightly more au fait with English law than Scots law, but I don't really know anything about the procedural aspects, nor indeed do I know much about local authority licensing procedures :oops:

But the problem is formulating a substantive legal argument, and I'm not sure if there is a prima facie human rights argument - I mean, what human right is being breached precisely? I don't think it's illegal per se to discriminate, it has to be on grounds of sex, race or whatever to come within the ambit of the HRA. Perhaps indirect age or racial discrimination could be a goer, because younger drivers are less likely to get a plate, ditto immigrants.

But there are several other legal avenues that could be explored - such as European law - but of course as you allude the problem is the cost aspect. If you could hire fancy lawyers then there are all sorts of arguments that could be adduced, but that's a luxury that none of us can really afford.

And I take it that Jasbar's HR case isn't a goer now, in view of what you said above?

If the cost is the hurdle then how could that be surmounted - were you alluding to pooling costs in your original post?


Apologies Skull, in the confusion caused by my dishwashing session I read the posts out of order and thus didn't see what you wrote subsequently about costs and the like.

And isn't the HR submission something that could be done on a DIY basis, or does a lawyer have to do it?

I'm still very dubious about a substantive HR case though.

By the way, it would be cheaper to do it somewhere else to avoid the CEC fee. If it succeeded elsewhere it would blow Edinburgh wide open anyway :wink:


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 4:32 am 
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Dusty Bin wrote:
Skull wrote:
Skull wrote:
Here's an idea to bring about de-restriction once and for all.

A group of individuals get together with the intention of making a single licence plate application. They go to a Human Rights Lawyer and pay for a detailed written submission to be put before the Council RC, on their behalf. The council of course refuses the licence application on the pretense they considered the Human Rights argument along with section 10.3 of the act, and special circumstances.

You then rewrite the submission into a writ of appeal and place it before a Sheriff, with a taxi driver (the applicant) presenting the case as his.

The Sheriff would be forced to consider the council's refusal under Human Rights from the outset, and if, the ruling went in the appellants favour, the council would then have to appeal against the decision all the way to the Court of Session. The applicant would simply be holding the coats, waiting for the outcome.

The fundamental principles on which the case is based would not change throughout the process. You would simply be repeating the same argument over and over.

It would be another Salteri et al situation for the council. :-|



Forget about Ali, Dusty. What do you think about the above?

I realised a while back how hard it is to get a Human Rights Lawyer to fight your case, especially if you are depending on legal aid to fund it. The key is, paying for an HR, lawyer to provide you with a submission in writing. One you can speak to before the RC, with the view to appeal against their decision at a later date, if need be. It's about getting the HR, argument into the process first, at the licensing level and then into court, to be in with a fighting chance. If you win on appeal, the council is knocked onto the back foot, the momentum lies with the appellant. :-|

Come on Dusty, what do you think?


Well I'm slightly more au fait with English law than Scots law, but I don't really know anything about the procedural aspects, nor indeed do I know much about local authority licensing procedures :oops:

But the problem is formulating a substantive legal argument, and I'm not sure if there is a prima facie human rights argument - I mean, what human right is being breached precisely? I don't think it's illegal per se to discriminate, it has to be on grounds of sex, race or whatever to come within the ambit of the HRA. Perhaps indirect age or racial discrimination could be a goer, because younger drivers are less likely to get a plate, ditto immigrants.

But there are several other legal avenues that could be explored - such as European law - but of course as you allude the problem is the cost aspect. If you could hire fancy lawyers then there are all sorts of arguments that could be adduced, but that's a luxury that none of us can really afford.

And I take it that Jasbar's HR case isn't a goer now, in view of what you said above?

If the cost is the hurdle then how could that be surmounted - were you alluding to pooling costs in your original post?


The plate “value” is built on inequality, discrimination and exploitation. I know drivers who lost their drive simply for applying for a licence and others that are too frightened to speak out or can't get a drive because of their political opinion on restriction. I really don't think you would have a problem showing the effect restriction has on individual's rights. And that's before you get to the qualified driver, having the right of unfettered access to the tools of his trade, to earn a living, argument.

As for the costs involved the problem is you need to fund a HR, lawyer to fight your case, but there's nothing stopping you representing yourself. If you have the initial argument, and can demonstrate the effect the council's decision has on you as an individual or group.

Trust me Dusty, I've spoken to a top lawyer, and it all comes down to cash or finding a way to represent yourself and getting the argument into the legal process. The last thing he said was, Lawyers will fight anything, if you have money. Oh and btw, when he looked at the case, he said it had merits, he then told me to find the money or spend the next god only knows how many years finding a way to fight it. :-|

I think the RC, meeting is the way into the process. If you have a proper legal submission before the council that can be carried into court on appeal. :-|


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 4:59 am 
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After making your representations to the council RC, the argument becomes very narrow regarding the council's conduct and how they came by their decision when considering your application. You don't have to prove your case all over again. It's up to the council to show they've done everything in their power to protect your rights as a public body and I don't think it would be easy. :-|


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 6:59 am 
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Fairplay wrote:
“99.9% o’ Councillors don’t know who I am”. Really ?. I worked alongside, Paul Nolan, Davy Brown, Jackie O’donnel, Gary Couts, and aw’ their pals for many years son... They know who I am. Plus I knew every one o’ them, ( Apart from Davy Brown), long before they were Councillors

thats some parcel of rouges you got their john
all jobs for the boys every last one of them,craigmillar festival society springs to mind. :lol:


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 7:11 am 
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Dusty Bin wrote:

Well no point in going through all that Ali, we've both had our say and clearly no one is going to change their views on the issue. Anyone with the fortitude to read it all can make up their own mind.

Suffice to say though that you make it sound like it's the council who's cashing in, not yourself. :D


well since you've obviously turned to the dark side and support councils .

then i can see that your judgment has become clouded indeed if you cant see how much cash the council makes from this
then i will assume your Braille computer monitor is malfunctioning and leave it at that :roll:


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 1:20 pm 
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The area we live in Ali consists of, as you know, mainly good people, including the ones I mentioned. There are though, some rogues, and I know them too... I know the difference and I’m sure you do as well. As far as “Jobs for the boys” . If people from the Area could do the job, they were used, quite right imo. They’d had enough of academics parachuting into Craimillar, building their cv’s up, and then [edited by admin] off !.


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 7:23 pm 
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Fairplay wrote:
“99.9% o’ Councillors don’t know who I am”. Really ?. I worked alongside, Paul Nolan, Davy Brown, Jackie O’donnel, Gary Couts, and aw’ their pals for many years son... They know who I am. Plus I knew every one o’ them, ( Apart from Davy Brown), long before they were Councillors



http://www.edinburghsucks.com/categorie ... ed/page/2/


#-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o #-o


http://www.edinburghsucks.com/2006/09/2 ... r-a-drive/


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 10:27 pm 
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ALI T wrote:
well since you've obviously turned to the dark side and support councils .


:lol: :lol: A gross misrepresentation.

Quote:
then i can see that your judgment has become clouded indeed if you cant see how much cash the council makes from this


I've never been particularly bothered about the money that councils are making from taxi licensing, Ali.

Quote:
then i will assume your Braille computer monitor is malfunctioning and leave it at that :roll


Rolling eyes indeed :D


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 Post subject: Re: budgets
PostPosted: Tue Jan 24, 2012 10:53 pm 
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Skull wrote:
The plate “value” is built on inequality, discrimination and exploitation. I know drivers who lost their drive simply for applying for a licence and others that are too frightened to speak out or can't get a drive because of their political opinion on restriction. I really don't think you would have a problem showing the effect restriction has on individual's rights. And that's before you get to the qualified driver, having the right of unfettered access to the tools of his trade, to earn a living, argument.

As for the costs involved the problem is you need to fund a HR, lawyer to fight your case, but there's nothing stopping you representing yourself. If you have the initial argument, and can demonstrate the effect the council's decision has on you as an individual or group.

Trust me Dusty, I've spoken to a top lawyer, and it all comes down to cash or finding a way to represent yourself and getting the argument into the legal process. The last thing he said was, Lawyers will fight anything, if you have money. Oh and btw, when he looked at the case, he said it had merits, he then told me to find the money or spend the next god only knows how many years finding a way to fight it. :-|

I think the RC, meeting is the way into the process. If you have a proper legal submission before the council that can be carried into court on appeal. :-|


Certainly a very good argument on paper.

My preferred approach when I first got interested in the subject was the (low profile) political route rather than the legal avenue. However, I effectively gave up on that a few years ago anyway.

Still not entirely sure about the substantive human rights case though, because there has to be discrimination based on some specified ground - inequality and exploitation per se aren't the basis for a legal challenge, or everyone everywhere would be at it. Of course, that's not to say that an argument couldn't be made, and given some of the flaccid cases that you often hear about being put forward even in the higher courts then it wouldn't need a top silk to come up with something plausible.

Of course, the big problem with this kind of thing is getting it all off the ground. Is there still an active grouping in Edinburgh pursuing a legal and/or political campaign, or has it all fragmented and fizzled out?


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 Post subject: Re: budgets
PostPosted: Wed Jan 25, 2012 12:55 am 
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Fairplay wrote:
The area we live in Ali consists of, as you know, mainly good people, including the ones I mentioned. There are though, some rogues, and I know them too... I know the difference and I’m sure you do as well. As far as “Jobs for the boys” . If people from the Area could do the job, they were used, quite right imo. They’d had enough of academics parachuting into Craimillar, building their cv’s up, and then [edited by admin] off !.

so which category are they in again

http://www.edinburghsucks.com/categorie ... aul-nolan/

academics parachuting in :roll:

is that what they told you
if you can point out to me what guys like nolan did for the community then i'm all ears


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