Taxi Driver Online

I now have a magistrates court date for 4th June for the initial hearing.

no rush then...

_________________
Of all the things ive lost, i miss my mind the most

I hope it's not Sevenoaks Mags Court, as that is a row of Nissan Huts last time I was there.

Get yourself prepared, the courts love Gov Best Practise, and just tell it as it is.

I expect if there is a full hearing it will be September +.

_________________
IDFIMH

Yeh, wrote to Dover mags, who inform me the case is to be heard at Canterbloodybury!! I don't knopw if this is the initial hearing or the full case; I expect it will drag on.

There's a lot of FoI'ing to be done before then.

I made Shepway aware of Best Practice well over 2 years ago, so that should go down well with the mags.

It will be a case management hearing, and the pros and cons won't be discussed. More the time needed for a full hearing, any witnesses, and a clarification of the issues at hand.

I suspect it will be before a District Judge.

_________________
IDFIMH

I had to chuckle this morning. Shepway, having said I'd have to cary on driving using an out-of-date ph plate, have now "received advice" and have issued a new plate which will expire should my appeal fail.

Why can they never get anything right in the first place?

They told you to commit an offence? If you were at Manchester airport late on a Friday night,you would have been arrested,until your council could confirm they had told you to carry on driving? This would have most likely have been 9 am on a Monday morning.

am i the only one thinking they all make it up as they go along?

_________________
Of all the things ive lost, i miss my mind the most

No you are not. I think most of think that way.

_________________
Grandad,

A Crown Court case involving Nottingham City Council with regard to this type of policy.

Nottingham City Council had set a condition that no vehicle should be more than 5 years old or have completed more than 150,000 miles.

The judgement was that a Council is entitled to adopt a policy provided it does not impose it inflexibly. (February 1981 before Judge M. Singh QC - Sharpe - v - Nottingham City Council).

In 1992 Hyndburn Borough Council had its policy of an age restriction for vehicles challenged by a potential proprietor at the Crown Court.

It was determined the Council's age restriction (three years for "ordinary" vehicles and five years for purpose built vehicles) was lawful and reasonable.

Hyndburn Council has also determined that for the avoidance of doubt each application will be considered on its merits.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Presumably this means a new grant/1st plate?

a couple of months back i saw a 2004 vito get a 1st plate off Solihull....

_________________
Of all the things ive lost, i miss my mind the most

Well, having read the Vale of Aylesbury case mentioned in the legal section, that seems to offer further grounds. I've submitted an FoI requuest to the DC regarding the statutory notices enacting the LG(MP)Act, I wonder if they, like Aylesbury, haven't kept the records?

Also the Bristol area case mentioned in my separate thread threw up a gem, but that was later overturned in a further appeal I was not aware of. However, the complaint to the Ombudsman provides further insight.

One slight improvement, Shepway re-started the taxi forum. At the first meeting today it was decided to propose a lower ahe limit of 5 years for new entrants and to follow the Government Best Practice guidelines for the upper age of vehicles. However, that's likely to take a while as it has to go to "the trade" for onsultation, then to the licencing committee for ratification.

Anyone got a definition of "the trade"?? Holders of operators licences? Holders of ph and hack badges? Answers please!

I would send a foi to your council? Asking for a copy of the minutes when they adopted the 1976 act?

Operators,associations,and any driver nominated representative ? After a couple of meetings people won't turn up anyway,so it won't matter who you invite? Here if a driver wants something bringing up at a meeting he has to go through a trade representative.also all meetings are put on the web,for drivers ect to look at,keeps everyone informed of what's going on.