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PostPosted: Fri Jan 27, 2012 12:35 am 
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Silver Fox wrote:
Would it make sense if the council were to say that in x years time, trading of plates shall cease and any plate owner wishing to move on hands their plate back to the council who then distribute it to people on a specified waiting list. this gives current owners x years to pay off their plate ?? thereafter it would make the trade more accesible to more people, avoiding people getting into ridiculous debt and mean that drivers rentals could be reduced accordingly (and possibly taxi fares) whilst avoiding the nightmare of de-restriction ???? i'm not sure what x years could be - maybe 5 ???

Just a thought - could be a load of s***e and no doubt some will say it is !!!!


You are asking for a treaty or some sort of accord between the council, current licence plate holders, drivers, and potential applicants. It's a big ask and wide open to challenge from all sides of the argument. I suppose it's doable, if the council admitted the current system was unsustainable under Human Rights, and this was their next-best option. Then again, what's to stop plate holders renting out plates under the table, to those on the waiting list? Even So, you are still giving up your numerical presence in the market to the Ph. :-|


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PostPosted: Fri Jan 27, 2012 12:56 am 
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Meant to have a think about this, but I still think the human rights case isn't as obvious as it seems, since the discrimination is essentially random or pot luck rather on grounds like that the applicant is black, female or LGBT, for example.

But as I said on the other thread perhaps something like indirect age discrimination could be a goer. You point out that the vast majority of plates were first issued 20(?) years ago, thus prospective applicants will be a lot younger than the original licensees, thus the effect is to indirectly discriminate on the basis of age, since they either can't get a plate - and thus pay inflated rentals - or they have to buy one on a black market.

And even if it doesn't work it could serve to highlight the whole rotten mess from the political perspective. :D


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PostPosted: Fri Jan 27, 2012 1:22 am 
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Jasbar wrote:
There is a huge argument about Human Rights and the way the council abuses them through applying section 10 3.

The council refuses to address the matter because it knows that to retain its status quo all it needs to do is ignore them.

Sad fact is that this is not how a responsible accountable public body should operate. That it does so proves the scant regard our local politicians have for those they are supposed to represent.

Fortunately, rthe 6 outstanding appeals cases don't have any need to resort to HR and the long expensive haul that would be. The council will give up the licences because it adopted a flawed process, our applications highlighted the flaws before hand, and the Sheriff's decision supports this.

What we now have is a situation where the Sheriff says that licences should have been applied chronologically, and soneone on position 105 was granted a licence incorrectly, when all those before him were refused.

Quite simply, if it is wrong to ask the council to rectify the matter by removing this guy's licence, it is equally wrong that those who were on the list before him aren't given equal status and licence granted. We don't anticipate the Sheriff having any difficulty with this on appeal.

We also have the situation where the vice convenor announced at the outset of the hearing that she "had 27 licences to give out".

Apart from the fact that the licences were not in her "gift", how was it possible for anyone to get a fair hearing under such a circumstance? The Sheriff on appeal will come to understand that all decisions relating to the remaining applications were made well before the hearing took place. This is not how it's supposed to happen.

The councilscrewed up big time with how they handled the whole scenario. We already have a judgement which says this, all we're gonna do is add to the pile of shecht the council is going to have to explain in court.

The problem for the council is that when it gets into court, they could well end up going down a road they don't want to go down.

What price half a dozen licences eh?


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There is a huge argument about Human Rights and the way the council abuses them through applying section 10 3.

The council refuses to address the matter because it knows that to retain its status quo all it needs to do is ignore them.


I agree.

However, a licence application accompanied by a legally competent HR, submission, lays out the argument for consideration before the RC, prior to their refusal of the application. The next step is your right of appeal. Armed with your legal critique of council policy, in hand. The HR, argument is then in the legal process. Speaking to the argument as the aggrieved applicant whose rights have been abused, would be a doddle.

You would need to pay for your legal submission and the licence application up front, but once in your possession, the rest might not be easy, but you are in with more than a fighting chance. The council would be pushed firmly on the back foot before a Sheriff. :-|


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PostPosted: Fri Jan 27, 2012 1:49 am 
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Dusty Bin wrote:
Meant to have a think about this, but I still think the human rights case isn't as obvious as it seems, since the discrimination is essentially random or pot luck rather on grounds like that the applicant is black, female or LGBT, for example.

But as I said on the other thread perhaps something like indirect age discrimination could be a goer. You point out that the vast majority of plates were first issued 20(?) years ago, thus prospective applicants will be a lot younger than the original licensees, thus the effect is to indirectly discriminate on the basis of age, since they either can't get a plate - and thus pay inflated rentals - or they have to buy one on a black market.

And even if it doesn't work it could serve to highlight the whole rotten mess from the political perspective. :D


Discrimination is discrimination. I don't think there is any question that drivers are being disadvantaged by a prejudicial council practice. The reduction in driver status to that of casual labour is merely a consequence of inequality. Exploitation, well what can I say, qualified drivers, don't pay hiked rentals or inflated plate premiums out of choice.

It might not fit in with race or colour but “or other status” I have no doubt. Whether it's direct or indirect discrimination, I'll leave if for the Judge to decide. :wink:


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PostPosted: Fri Jan 27, 2012 4:20 pm 
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Jasbar wrote:
Silver Fox wrote:
Would it make sense if the council were to say that in x years time, trading of plates shall cease and any plate owner wishing to move on hands their plate back to the council who then distribute it to people on a specified waiting list. this gives current owners x years to pay off their plate ?? thereafter it would make the trade more accesible to more people, avoiding people getting into ridiculous debt and mean that drivers rentals could be reduced accordingly (and possibly taxi fares) whilst avoiding the nightmare of de-restriction ???? i'm not sure what x years could be - maybe 5 ???

Just a thought - could be a load of s***e and no doubt some will say it is !!!!


The trade is already derestricted. It's called Private Hire. Hadn't you noticed.

I've just spent the last week driving past taxi ranks stappit fu and picking up passengers further down the road. Restriction doesn't make it easier for customers to hail a cab. Any wonder they just dial a number and cut the taxi trade out of their loop?

if you can't understand your own market, then what right have you to hold any opinion about restriction or otherwise. Most other councils don't restrict. So how do they manage? No shortage of guys driving cabs anywhere.

Look around at the problems the trade has got. If I had a buck for every time I've heard someone say how bad it is. But it's restriction that delivered this for you. If you can't see that ...


Human Rights are being breached under "other status" according to the Law. Fact is that this is one area where everyone is discriminated against by government. They create the restricted status, and it's the excluded who are discriminated against.

Notwithstanding this, section 10 3 breaches every tenet of the free market we're supposed to operate in. It fails to meet the standards of all European and UK competition laws. It is a scandal.

This is what Aberdeen alluded to when it binned restriction. They knew that it was no longer tenable to protect a minority of existing operators' licence holders.

And this is what was written by? Yes, no less than council solicitor Donald Mackay. Now I don't blame him personally, because I know he is subordinate to the political and moral corruption in the council. I have no doubt that if he were driving policy from a legal standpoint, then common sense would prevail.

It was this free market ideal that Sue Bruce was responsible for in Aberdeen when she was CE there. Even if she was not directly the architect, she was certainly the boss of the legal department that made the argument. She certainly understood it.

So, I do blame her. Because she has failed to address the vested council interests that are maintaining a system she knows is fundamentally flawed. This is now happening on her watch.


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PostPosted: Sat Jan 28, 2012 3:08 am 
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Had to laugh at one of the responses on the Edinburgh forum in that thread about the booking offices blackballing the new plates. He said more plates would mean:

Quote:
....many drivers would be forced to ask for a lower rental


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PostPosted: Sat Jan 28, 2012 4:06 am 
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Dusty Bin wrote:
Had to laugh at one of the responses on the Edinburgh forum in that thread about the booking offices blackballing the new plates. He said more plates would mean:

Quote:
....many drivers would be forced to ask for a lower rental


To be honest Dusty, I thought you were tripping. I checked out fasties, and feck me, there it was.

“Massa, do you think you could give me a lower rental because of these pesky slaves demanding their own plate.”

Talk about fear and desperation... :shock: :lol: :lol: :lol: :lol: :lol: :lol:


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PostPosted: Sat Jan 28, 2012 4:13 am 
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If the slaves were freed many of them would be forced to ask for the removal of their chains :lol:


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PostPosted: Sat Jan 28, 2012 5:00 pm 
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Dusty Bin wrote:
If the slaves were freed many of them would be forced to ask for the removal of their chains :lol:


Despite everything that's happened in the courts, and with the economy, not to mention the Ph. They are still panicking about their little illusions. Talk about hanging on too tightly. It makes you wonder what kind of “business” they thought they were buying. I suppose people that are not too bright, never learn from their experiences, but still have to believe in something. It's almost like, taxi driving, for the most part, appeals to people of a lower intelligence but for others, it's an accident of circumstance. #-o

We only need longshanks to come on and prove the above is true. #-o


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PostPosted: Sun Jan 29, 2012 3:27 am 
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Can't quite put my finger on it, and maybe I'm misrepresenting him, but over the years I've developed this notion that Gary doesn't hold the Edinburgh taxi trade in particularly high regard. :lol:


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PostPosted: Sun Jan 29, 2012 4:31 pm 
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Dusty Bin wrote:
Can't quite put my finger on it, and maybe I'm misrepresenting him, but over the years I've developed this notion that Gary doesn't hold the Edinburgh taxi trade in particularly high regard. :lol:


You think? :shock:

Unfortunately, the utter contempt I have for your average cabby is all too apparent. Look at it this way. Who, in their right mind, allows the level of control the council has over pay, working conditions and practices while believing they are businessmen. It's nothing short of fantasy, and the sad thing is, most cab drivers are so inured by the system. They are “blissfully" unaware. All they want, is to drown themselves in their illusion. In some vain attempt to be someone, and how do they do that, they need a driver paying a ridiculous rental. After all, what would they tell the guys down the pub, or on the golf outing or the poor sap sitting next to them on the plane, or at the side of the pool on holiday? #-o


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PostPosted: Sun Jan 29, 2012 10:58 pm 
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Illusion is what you create to conceal your inadequacy.


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PostPosted: Mon Jan 30, 2012 2:30 am 
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Jasbar wrote:
Illusion is what you create to conceal your inadequacy.


Yes, sometimes I manage to convince myself that I'm not really a taxi driver after all. :lol:

Mind you, my plate is probably worth a grand or so, so that does make me a businessman. [-(


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