jimbo wrote:
I am saying JD, that if you can "sell" a plate you don't own, I can sell a spectacular view of a Cathedral. Council's own plates, proprietors lease them.
I think it might be best put by saying that Councils issue Taxi plates and have the right to take them away, if and only if an offence has been committed under the terms of the said license.
I understand the term you are referring to and that it is an accepted fact that a council owns the license but it should not be forgotten that a council only has the right to take that license away under certain circumstances.
The point I raised was "should a council be influenced by someone who has paid X amount of pounds for a license" and should that person have a legitimate expectation of influencing a council's policy because of his financial involvement?
In your own words "caveat emptor" would most definitely apply under this circumstance.
We are all aware that any reform creates winners and losers. Under such circumstance the loser would undoubtedly be the person who had paid X amount of pounds for his license, the winners would no doubt be those people who harboured expectations of entering a restricted market and in most cases the general public.
Just to finish off, I would just like to mention two appropriate cases that put to rest the self-denial that plates do not have a value. I do not believe you are in total self-denial that plate values exist but saying show me the money, might infer that you are?
In the Wirral case, Mark Royden claimed the following in court.
Mr Royden submits that he had a legitimate expectation of proper consultation arising from previous practice, from an express promise made by Ms Miller on or about 14 February 2002, or in her letter to the claimant dated 15 March 2002. And from the fact that a decision to "de-restrict" hackney carriage vehicle licences would affect his livelihood and "remove the capital value of the premium of some £15,000". This is normally payable by the transferee to the licence holder on the transfer of a hackney carriage vehicle licence.
Another case in point is that of the Dublin Taxi driver's challenge to de-restrict the trade on the grounds that it led to existing licenses losing their restricted resale value.
The case failed and the court pointed out that plate values prior to de-restriction had been created solely by Government legislation. Therefore, when new government legislation removed that value the Dublin Taxi drivers could not reasonably claim that their property rights had been unjustly violated.
So there you have two recent cases laid out in for you in black and white where claimants had taken specific legal action to protect their plate value. It must be said that in the Wirral case, It was also stated in court that it would also effect Mr Roydens livelyhood.
Need I say more?
Regards
JD