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PostPosted: Wed May 02, 2012 11:11 pm 
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gusmac wrote:
captain cab wrote:
Skull wrote:
I don't believe there was a "valid" certificate. If there had been the cop would have seen it for himself. :-|


not a comment on the case....but I love the way skull and jasbar always call the police,. rozzers, old bill, police.......cops! its like a 1970's 80's US show......I'm waiting for TJ Hooker


Book 'im Dano...... :lol:



hawiya 5 - 0....wheeze keyz r theze?

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PostPosted: Wed May 02, 2012 11:38 pm 
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Skull wrote:
Big Paul writes:

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Skull - thanks for the unnecessary lecture.

You seem to be suggesting he was asking for it.



You wrote the above didn't you, well stop being a dick and reading into my post what wasn't there. I don't want to see your mate shafted any more than anyone else.

You're the only one that seems to think I'm being a dick. People in glass houses blah, blah..


And that just shows you know dick all about anything. You've no chance of getting legal aid for a traffic offense.

He's been told by his solicitor he WILL get it. Legal Aid is not alleged-crime specific. seems you're the one that's lacking knowledge.

Oh and spare me the keyboard Hardman bit, taxi drives are not known for having backbones. That's why your trades fuc*ed, or haven't you noticed. :-|

I have a backbone - a big, long one in a big broad back. We should meet up sometime for a coffee or a glass of wine and I'll let you run you hand up and down it.

Paul, you're a dick, and I don't need to know you to know that. :roll:


Amazing feat of comprehension - knowing someone or something when you've never even met them. Believe what you want buddy, more fool you empty Skull.

Take it you're not a taxi driver then?

Oh, and why the obsession with DICK? Are you trying to let the forum in on a secret? XX


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PostPosted: Thu May 03, 2012 12:04 am 
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I have no idea why the Police charged the driver,perhaps because it's their job :-o but I think you can claim special reasons to avoid acquiring points on your license in these cases,as I said, if it is as Big Paul states,and we have no reason to think otherwise then I cannot see why the driver should or could be held liable for this.

Doesn't this kind of thing fall under the cruelty to dumb animals category? I have a list of these as long as your arm. :roll:

If there was an certificate of insurance in the vehicle then how is the driver meant to know if the policy is valid or not?

I just pay mines in full rather than in instalments, too skittery and they will add interest I'm sure, just to increase the feeling you are being ripped off even more than you already are, for example I reckon over the years I/we must have paid at least thirty thousand pounds for all the different insurances Car/buildings and contents/taxi and all the other usurious PPI type rubbish they can think of.

I have made one claim in my life when I was awarded the staggering sum of £57.00 towards an £1900.00 roof repair, so not even 0.0002% of the premiums we have paid.

What is insurance actually for?


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PostPosted: Thu May 03, 2012 12:13 am 
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So Paul, if he's been to a solicitor, then why the fu*k, are you on here spouting your shi*e? Oh and incidentally, it's the solicitor who applies for legal aid on his client's behalf but your pal already knows. He's getting legal without even going through the process. Well, that's a new one on me. :roll:


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PostPosted: Thu May 03, 2012 12:33 am 
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Paul, I think this is all bullshit. You come on to a forum, asking for advice when your chum has already been to a solicitor and arranged legal aid to fight his case. Surely, if there is, no case to answer, the charges would simply be dropped, with the owner finding himself in the dock, facing the conviction. :-|

Oh and didn't you say something about him taking the problem up with the Cab Inspector?

He's been a busy boy in the last 24hours. :roll:


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PostPosted: Thu May 03, 2012 1:02 am 
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Now let's think about this, if the new owner failed to pay the insurance, he would have to know the taxi was without insurance beyond a certain date. And if the plate holder failed to pay the insurance on the owner's behalf, both would have to know when the insurance would expire.

Would you leave the above to chance, if you were the owner or the plate holder knowing you would be found out?

So why isn't anyone coming forward to take responsibility for the driver?

Surely, it's a simple case of, “don't worry it was my fault, and I'm one to blame, and I will take responsibility.”

Problem solved. :-|


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PostPosted: Thu May 03, 2012 2:22 am 
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What has CRT got to say about it?

They must hold the detail nowadays.

They should have blocked the taxi from logging on and the driver would have been aware when asking control.


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PostPosted: Thu May 03, 2012 2:32 am 
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oneeye wrote:
What has CRT got to say about it?

They must hold the detail nowadays.

They should have blocked the taxi from logging on and the driver would have been aware when asking control.


I was told that's how it worked, but I'm not sure what to believe with the information supplied so far. :-|


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PostPosted: Thu May 03, 2012 9:02 am 
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Skull wrote:
So Paul, if he's been to a solicitor, then why the fu*k, are you on here spouting your shi*e? Oh and incidentally, it's the solicitor who applies for legal aid on his client's behalf but your pal already knows. He's getting legal without even going through the process. Well, that's a new one on me. :roll:


Don’t agree it’s “spouting shi*te” but I’ll try to explain for the hard of thinking.
Monday – incident happened. He called me asking if I knew anyone who’d been in the same situ.
Tuesday – he arranges to see a solicitor.
Wednesday – he sees the solicitor. Gets advice and told he’ll more than likely get legal aid if the Fiscal presses it. He’ll get it because of his income – nothing to do with alleged road traffic act violations.
Thursday (today) – going to speak to Cab Inspector and CRT

Summary: you’re timing’s all askew (perhaps your mind’s being clouded by anger and assumption).

Regardless of what you think of the quality or merit of my coming on here and posting can’t you accept there’s a legitimate concern at play? That raises two points – a) if it’s happened to this guy it could happen to me, so there’s a lesson for all taxi or PH drivers to learn from.
b) This is a forum for guys who drive cabs or PH, so it seems logical to ask those people if they have encountered such a situation before and, if so, how they dealt with it and what the outcome was. Simples!


Skull wrote:
Paul, I think this is all bullshit. You come on to a forum, asking for advice when your chum has already been to a solicitor and arranged legal aid to fight his case. Surely, if there is, no case to answer, the charges would simply be dropped, with the owner finding himself in the dock, facing the conviction. :-|

Oh and didn't you say something about him taking the problem up with the Cab Inspector?

He's been a busy boy in the last 24hours. :roll:


Think what you like, bud. You clearly can’t follow a timeline. Just to clarify: I came on here asking for advice BEFORE he’d spoken to anyone. It doesn’t matter what the solicitor subsequently might have indicated over the likelihood of there being a case to answer or not – that decision lies solely with the Procurator Fiscal. Whether the owner finds himself in the dock or not is a matter for the police and Fiscal going forward, not the driver or me for that matter.

Summary: you’re thinking’s all wrong (perhaps your mind’s being clouded by anger and assumption and an inability to work out a simple timeline).


Skull wrote:
Now let's think about this, if the new owner failed to pay the insurance, he would have to know the taxi was without insurance beyond a certain date. And if the plate holder failed to pay the insurance on the owner's behalf, both would have to know when the insurance would expire.

Would you leave the above to chance, if you were the owner or the plate holder knowing you would be found out?

So why isn't anyone coming forward to take responsibility for the driver?

Surely, it's a simple case of, “don't worry it was my fault, and I'm one to blame, and I will take responsibility.”

Problem solved. :-|




I don’t know for a fact what the insurance payment arrangements were but from the driver I understand the new owner was paying the former owner payments to cover the premiums. I also understand that the former owner ceased the payment of the premiums on the mistaken understanding that the change of ownership was complete. In my opinion he should have at a minimum called the new owner to confirm but apparently this didn’t happen and the new owner was none the wiser that that the premiums had been stopped. You’re right to wonder why a new owner would leave himself open to such a own goal. But as I say, I don’t know the facts of it and am only going on what I understand to be the situation based on the info I’ve been told.
Maybe someone will come forward and hold their hand up, but that remains to be seen and I hope your right and they do.


I’ll say again – if you haven’t got anything helpful to say then just don’t get involved. You’re only showing yourself up to be an ignoramus by spouting off apparent ‘facts’ when you know neither me, the driver concerned or the true circumstances. You just comes across as the type of guy who believes he’ll get his point across by shouting over everyone. I’m struggling to fathom why you’re getting so involved if you’re so dismissive of the whole thing. I’m also struggling with why you’ve spent almost an hour obsessing over it again over three separate posts in the early hours of the morning. Baffling.

As regards being locked out the CRT system if no insurance is in place – yes, that is the case. In this case, the driver told me he’d informed the new owner when the reminder message was at 23 days to expiry and had written another reminder on the chucky envelope he gives the new owner each week when he dropped it off last week. At the point of being told there was no insurance the message that morning had informed the driver he had nine days to expiry.


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PostPosted: Thu May 03, 2012 11:35 am 
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Big Paul wrote:
As regards being locked out the CRT system if no insurance is in place – yes, that is the case. In this case, the driver told me he’d informed the new owner when the reminder message was at 23 days to expiry and had written another reminder on the chucky envelope he gives the new owner each week when he dropped it off last week. At the point of being told there was no insurance the message that morning had informed the driver he had nine days to expiry.


Great news Paul as he has all the evidence he needs,CRT have it on record.


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PostPosted: Thu May 03, 2012 1:55 pm 
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Firstly, Paul, there was no time-line by the time your thread went up, Your mate had already arranged to speak to a solicitor without seeking advice on this forum.

Quote:
“Tuesday – he arranges to see a solicitor.”


Your thread went up on, Tue May 01, 2012 1:01 pm.

Quote:
“Wednesday – he sees the solicitor. Gets advice and told he’ll more than likely get legal aid if the Fiscal presses it.”

“He’ll get it because of his income – nothing to do with alleged road traffic act violations.”


Legal aid depends not only on your earnings but the merits of the case, and if the fiscal presses for a prosecution, it's because he has your mate on the hook. However, if the case is as open and shut as you say, although you, “don’t know the facts of it and am only going on what I understand to be the situation based on the info I’ve been told.“ there might not even be a case.

Quote:
Thursday (today) – going to speak to Cab Inspector and CRT. “


Your mate seems to be doing a lot of running around speaking to everyone but the one man who can make all the difference, the owner. Don't you think he's started at the wrong end of this problem? All he needs is the owner to come forward to explain matters, and it's all over.

This case won't even make it into court, and if it does, surely it will be the owner in the dock.

Quote:
“Maybe someone will come forward and hold their hand up, but that remains to be seen, and I hope your right and they do.”


Paul, I don't think you're quite getting this. It's not about the owner putting his hand up, if and when he feels like it, but based on what you have told everyone here, the owner has no choice but to come forward.

And lastly, this is why I think you're being fed bum information.

I suggest you speak to your chum and get to the truth of the matter, there seems to be a lot he's not telling you.

Simple enough for you? :-|


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PostPosted: Thu May 03, 2012 4:24 pm 
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Oh and incidentally Paul, your mate should have contacted the owner before giving you the story to post on this forum, running off to CRT, a Solicitor and the Cab Inspector. It's sounds like he's trying to burn the guy without first giving him the chance to clear matters up. For what might be, an honest mistake. Although, I can't see how anyone could let it happen with so much riding on their licence.

And I'll tell you what a cop told me, many years ago, when I got points on my licence, “You are a professional driver and ignorance of the law is no defense.”

I can accept there might be special circumstances in this case, but something doesn't smell right with your story. :-|


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PostPosted: Thu May 03, 2012 10:52 pm 
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Skull wrote:

I can accept there might be special circumstances in this case, but something doesn't smell right with your story. :-|


Would have to agree on that.


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PostPosted: Fri May 04, 2012 12:55 am 
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Bowling Alone wrote:
Seems to be fairly straightforward to me, section 143 of the road traffic act

143 Users of motor vehicles to be insured or secured against third-party risks.

(1)Subject to the provisions of this Part of this Act—
(a)a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b)a person must not cause or permit any other person to use a motor vehicle on a road [or other public place] unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.

(2)If a person acts in contravention of subsection (1) above he is guilty of an offence.

(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.


If it is as straightforward as Big Paul states then the driver can't be held responsible for that.


Driving without insurance is an absolute offence, so whether the driver thinks there's a valid policy in place or not is irrelevant. If there's no policy then he's bang to rights, even if he genuinely thought there was one.

The exemption in subsection (3) seems to be addressed at company car drivers, basically.

(3)(a) is clearly intended to make sure that someone using a hire car can't get away with it just by saying they thought it was insured.

(3)(b) mentions 'course of employment' which would seem to exclude the self-employed.

So if a taxi driver is hiring a vehicle and thus isn't employed and is instead categorised as self-employed then the exemption can't apply.

Thus an 'employed' taxi driver would get away with it if he was genuinely unaware that there was no policy in force, but as we all know employed taxi drivers are like hens' teeth.


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PostPosted: Fri May 04, 2012 12:58 am 
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But of course in view of the unusual circumstances of the case the prosectuor might decide not to proceed, or if he is prosecuted then the unusual circumstances could be used in mitigation.


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