Taxi Driver Online

does any one not know any one who can give details about the Points

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C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

That said they cant act as courts, and that is what they are doing it would be intresting to see whether any one as taken the council to court after issueing.

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C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

I was told recently that the case is due for hearing on 19th/20th June 2012.

Don't take that as gospel though; older citizen / more or less silver-surfer typing this post. Confusion with other date related matter possible!

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Kind regards,

Brummie Cabbie.

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24/05/12
PENALTY POINTS SCHEME RULED UNLAWFUL

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The High Court has this week ruled a "penalty points" scheme operated by a local authority to be unlawful
Category: Taxis/ Private Hire
Posted by: Thompson

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C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

A judicial review taken against Cardiff City Council has found that the penalty point system employed by the council is unlawful.

In reaching its decision, the Judge criticised the penalty points scheme as it consider that the “totting up” of points removed discretion from the Committee when the final decision came to revoke a licence.

The Judge felt that the scheme, as operated, did not allow the council’s licensing committee to consider if a driver was a ‘fit and proper person’ as “no consideration is required of the underlying facts which lay behind of imposition of earlier points.... At worst the question could be reduced to a mathematical one”.

In other words, when considering the revocation of a drivers licence, all the facts should be considered – including the ones which led to previous penalty points being applied, as well as the most recent incident leading to the committee hearing. The final decision on the licence should then be made in light of the statutory “fit and proper” test.

The final decision must be made in the full knowledge of the historical facts, and that protection must be written into any scheme, rather than it simply being left to totting up historical points and knowing the details of the final incident.

The Judge also felt that it was wrong that the Scheme did not refer to the statutory alternative remedy of suspension rather than revocation. In Cardiff suspension been regarded as an interim protective measure to be taken pending a final decision, but the Judge felt that suspension could be used an alternative remedy to revocation under the statute, and the Scheme should have recognised this.

The Judge did agree that a penalty points system in theory would not necessarily be unlawful. He said it was useful to have policy to demonstrate how the Council exercises its discretion in relation to Section 61.

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oldbloke

Thanks for that Mr OldBloke.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

On this point, your Honour, we disagree.

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IDFIMH

I'd say they were 100% illegal as they fetter the discretion of the council.......but I've been saying that for years ffs

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