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PostPosted: Sat Jan 25, 2014 8:14 pm 
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lancsdriver wrote:
Sussex, they are not Hackneys.

I understand that, and I agree with most in the trade that it stinks.

Unfortunately it's more than likely legal, and in a year or two it will be 100% legal.

What I would say, and it's not really a bonus to you, it's that 10 years ago that mob weren't even licensed.

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PostPosted: Sun Jan 26, 2014 4:45 am 
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Sussex wrote:
lancsdriver wrote:
Sussex, they are not Hackneys.

I understand that, and I agree with most in the trade that it stinks.

Unfortunately it's more than likely legal, and in a year or two it will be 100% legal.

What I would say, and it's not really a bonus to you, it's that 10 years ago that mob weren't even licensed.

Are you saying that it is legal for the London mob to sub contract to the Northern lot? If so I agree with you. However the Northern lot must be sub contracting illegally and operating illegally.

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PostPosted: Sun Jan 26, 2014 10:41 am 
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Just to clarify a PCO licensed company can sub contract to any other company in England if that other company is licensed and by licensed that means Operators Licence and driver and car licensed.

In this case the other company only have 1 out of the 3. Therefore its illegal is it not?


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PostPosted: Sun Jan 26, 2014 11:29 am 
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lancsdriver wrote:
Just to clarify a PCO licensed company can sub contract to any other company in England if that other company is licensed and by licensed that means Operators Licence and driver and car licensed.

In this case the other company only have 1 out of the 3. Therefore its illegal is it not?

I don't think it is. I could have an operators license and not have a car or a drivers license. I can then take as many bookings as I like and then sub contract them to other operators in my area who do have cars and drivers licensed in the same area.
The London company may not be doing anything illegal. I think PCS are.

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PostPosted: Sun Jan 26, 2014 12:13 pm 
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how old is the AOP covering HC?

how old is the AOP covering PH?

whats the accumulative years experience of the top ten posters here on TDO?


and still no definitive answer...... PMSL

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PostPosted: Sun Jan 26, 2014 12:15 pm 
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grandad wrote:
I don't think it is. I could have an operators license and not have a car or a drivers license. I can then take as many bookings as I like and then sub contract them to other operators in my area who do have cars and drivers licensed in the same area.


not here, all cars must be listed on the Ops licence and costs £40 each, no car, no ops licence

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PostPosted: Sun Jan 26, 2014 12:32 pm 
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"The London company may not be doing anything illegal. I think PCS are".[/quote]


I am sure you are right that PCS are illegal, but the London Company? I'm not so sure.

Surely there is some onus on them to make sure what is ultimately their client is being carried in a legit car. Don't forget if the drivers are not licensed they won't be DBS (CRB) checked. If the cars are not licensed are they roadworthy?


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PostPosted: Sun Jan 26, 2014 1:10 pm 
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lancsdriver wrote:

Surely there is some onus on them to make sure what is ultimately their client is being carried in a legit car. Don't forget if the drivers are not licensed they won't be DBS (CRB) checked. If the cars are not licensed are they roadworthy?


Morally, you may be right but unless they are made aware of the problem the could just say that "as far as we are aware every thing was licensed, if there is a problem you will need to take it up with the other company." I don't think it is right but we have similar problems with school contracts issued by our County Council. You point out illegalities and they just say that they expect everyone to be working legally but they can't tell individual operators how to run their businesses. My reply to them is always the same. I have made you aware of the situation in writing and if ever anything goes wrong, I will let the authorities know that you knew and did nothing which will make you complicit. So far they have been lucky.

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PostPosted: Sun Jan 26, 2014 1:30 pm 
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Don't agree that morals come into it. Its the law as it stands right now in relation to Hackney Carriages and PHV's that counts.

If company A is sub contracting work company B, its down to A to make sure B is legit, because if they are not and something goes wrong the buck stops with company A.

Not sure what problems you may be experiencing with school contracts and the council?

Another analogy there could be (and it could apply with company A & B) if you sub a job to somebody who is not legit how do you know that driver is not a thief, burglar or rapist?


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PostPosted: Sun Jan 26, 2014 6:21 pm 
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grandad wrote:
However the Northern lot must be sub contracting illegally and operating illegally.

My understanding is that the northern lot use northern lot PHVs and northern lot PH drivers, it's just that the vehicles operate just about everywhere apart from their own licensing base.

In other words legal. :sad:

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PostPosted: Sun Jan 26, 2014 8:27 pm 
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Sussex wrote:
grandad wrote:
However the Northern lot must be sub contracting illegally and operating illegally.

My understanding is that the northern lot use northern lot PHVs and northern lot PH drivers, it's just that the vehicles operate just about everywhere apart from their own licensing base.

In other words legal. :sad:

I think your understanding is wrong. The ones that work out of Birmingham airport are not licensed by anyone. I have already mentioned my mate who does some sub contract work through a third party for this lot, he has been asking the drivers and they have confirmed that they are not licensed at all.

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PostPosted: Mon Jan 27, 2014 7:18 am 
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Sussex wrote:
grandad wrote:
However the Northern lot must be sub contracting illegally and operating illegally.

My understanding is that the northern lot use northern lot PHVs and northern lot PH drivers, it's just that the vehicles operate just about everywhere apart from their own licensing base.

In other words legal. :sad:


NO. They cant be legal because the drivers and cars are not licensed.


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PostPosted: Mon Jan 27, 2014 10:39 am 
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If you make a contract with company A oop north, and company A subs out to company B in Brummagem, who then uses an unlicenced car, it I company A that can be sued in county court. even if A is only acting as an agent for B, they are still liable as it is they who the contract is made with.

I speak from experience in my days of sub-contracting a company in for a wedding bus. they cocked-up, we had to foot the bill. The county court judge said it was OUR contract with the punter and our contract if our subbie cocked-up. Luckily it wasn't an illegal operator we used, it was more a "quality control" problem!


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PostPosted: Mon Jan 27, 2014 8:07 pm 
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lancsdriver wrote:
NO. They cant be legal because the drivers and cars are not licensed.

Then why are they being allowed to trade?

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PostPosted: Mon Jan 27, 2014 8:16 pm 
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Sussex wrote:
lancsdriver wrote:
NO. They cant be legal because the drivers and cars are not licensed.

Then why are they being allowed to trade?

Because no one is stopping them.

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