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PostPosted: Mon Apr 08, 2013 2:22 pm 
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It looks like the vehicle information has gone now as well.

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PostPosted: Mon Apr 08, 2013 2:24 pm 
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Can a claim hurt of feelings - I'm a serial killer and I didn't get to see them :lol:

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PostPosted: Mon Apr 08, 2013 2:58 pm 
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Meanwhile back to my original post, I have to be careful what I say on here as I've now appealed to the magistrates court as requested.

Having spoken to the LO this morning and discussed matters, he told me that plates would be issued pending the appeal and I could carry on working; about 10 minutes ago the licencing office phoned to say he'd spoken with the legal department who said not to issue plates.

It seems they've taken away my right to employment under EU law... Does anyone have a link to a driver who may have had his badge or licence suspended on disciplinary gropunds or similar and has been allowed to carry on pending appeal? I'm sure I read a couple of cases about that here.


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PostPosted: Mon Apr 08, 2013 3:28 pm 
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Sorry for the high jack roy ? You could always pm the people who you think can help? That way you won't have to be careful, sometimes to give the right advice you need to no all the story?


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PostPosted: Mon Apr 08, 2013 3:30 pm 
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I did put some case law on this post for you to read?


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PostPosted: Mon Apr 08, 2013 3:54 pm 
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roythebus wrote:
Meanwhile back to my original post, I have to be careful what I say on here as I've now appealed to the magistrates court as requested.

Having spoken to the LO this morning and discussed matters, he told me that plates would be issued pending the appeal and I could carry on working; about 10 minutes ago the licencing office phoned to say he'd spoken with the legal department who said not to issue plates.

It seems they've taken away my right to employment under EU law... Does anyone have a link to a driver who may have had his badge or licence suspended on disciplinary gropunds or similar and has been allowed to carry on pending appeal? I'm sure I read a couple of cases about that here.


77 Appeals

(1)Sections 300 to 302 of the Act of 1936, which relate to appeals, shall have effect as if this Part of this Act were part of that Act.

(2)If any requirement, refusal or other decision of a district council against which a right of appeal is conferred by this Act—

(a)involves the execution of any work or the taking of any action; or

(b)makes it unlawful for any person to carry on a business which he was lawfully carrying on up to the time of the requirement, refusal or decision;

then, until the time for appealing has expired, or, when an appeal is lodged, until the appeal is disposed of or withdrawn or fails for want of prosecution—

(i)no proceedings shall be taken in respect of any failure to execute the work, or take the action; and

(ii)that person may carry on that business.


[F121(3)Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.]

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PostPosted: Mon Apr 08, 2013 7:15 pm 
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I think if they issue them they can't take them back for a year.

That's why you are where you are. :sad:

I would get the press involved, and if you have a Tory council demand to know why they are treating a small business in such a shabby way. :sad:

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PostPosted: Mon Apr 08, 2013 7:40 pm 
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Sussex wrote:
I think if they issue them they can't take them back for a year.

That's why you are where you are. :sad:

I would get the press involved, and if you have a Tory council demand to know why they are treating a small business in such a shabby way. :sad:


I agree but we don't know if they have issued it? Lots of things we don't know about this ? The topic says refused renewal,so that implies its not been issued?


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PostPosted: Tue Apr 09, 2013 9:25 am 
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Yes, having sent me a renewal notice with forms, I've completed the form, sent the cheque for £307 which they have cashed; the LO has told me they would issue the plate pending appeal, I have posted the appeal, they have now changed their minds and will not issue the plate.

Thanks to all for the legal links. What Act was the above post from? Presumably the Local Government Miscellaneous Provisions Act? I did read the Cardiff case and have sent that to the LO who in turn has sent it to the legal dept., but they are wearing big blinkers again. I've already won 7 cases against Shepway legal dept. on parking tickets!

Re private memos, now I know where to go I will do so, much like we do on Pepipoo.


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PostPosted: Tue Apr 09, 2013 9:29 am 
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roythebus wrote:
Yes, having sent me a renewal notice with forms, I've completed the form, sent the cheque for £307 which they have cashed; the LO has told me they would issue the plate pending appeal, I have posted the appeal, they have now changed their minds and will not issue the plate.

Thanks to all for the legal links. What Act was the above post from? Presumably the Local Government Miscellaneous Provisions Act? I did read the Cardiff case and have sent that to the LO who in turn has sent it to the legal dept., but they are wearing big blinkers again. I've already won 7 cases against Shepway legal dept. on parking tickets!

Re private memos, now I know where to go I will do so, much like we do on Pepipoo.



The act is the LGMP 1976

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PostPosted: Tue Apr 09, 2013 3:25 pm 
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roythebus wrote:
Yes, having sent me a renewal notice with forms, I've completed the form, sent the cheque for £307 which they have cashed; the LO has told me they would issue the plate pending appeal, I have posted the appeal, they have now changed their minds and will not issue the plate.

Thanks to all for the legal links. What Act was the above post from? Presumably the Local Government Miscellaneous Provisions Act? I did read the Cardiff case and have sent that to the LO who in turn has sent it to the legal dept., but they are wearing big blinkers again. I've already won 7 cases against Shepway legal dept. on parking tickets!

Re private memos, now I know where to go I will do so, much like we do on Pepipoo.


I think you should request perhaps under the freedom of info? The minutes from the meeting,when they adopted the 1976 act? If they haven't adopted the act this is all irrelevant, I did tell grandad to do this to? Lots of councils never did:-)
Hyndburn v rauf is another case you might want to read?


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PostPosted: Tue Apr 09, 2013 3:28 pm 
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R v Swansea ex parte Julie jones ? Is another


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PostPosted: Tue Apr 09, 2013 3:49 pm 
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mancityfan wrote:
The topic says refused renewal,so that implies its not been issued?

I'm guessing they haven't renewed due to then not being able to take back for a year.

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PostPosted: Tue Apr 09, 2013 5:04 pm 
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Latest email says carry on working for up to 21 days pending confirmation of appeal from the magistrates using the out-of-date plate!!

thanks for the further cases, I'' have a read later, just rebuilding a Perkins P6 bus engine at the moment!Like me, piston broke.


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PostPosted: Wed Apr 10, 2013 6:38 am 
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grandad wrote:
They have removed the application forms that were online. My wife's was removed a few minutes ago. The BBC were going to run a story tonight but they have put it on hold due to Maggie dying. Last week it was the end of the Phillpot trial that delayed the story.
The vehicle information is still available at the moment, or it was when I last looked.

The story is running today. It was on the East Midlands news at 6.30 this morning. looking at it I think i need a haircut. :oops:

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