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PostPosted: Fri Oct 17, 2014 10:03 am 
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trotskys twin wrote:
grandad wrote:
roythebus wrote:
Like I said earlier, appeal through the magistrates court. that way, it will focus attention, especially a the mags tend to side with the driver and have the power to order compensation for los of earnings.

Appeal what though?



Jasus you lot are fekking thick go the Chair of Licensing make the issue POLITICAL FFS he cant survive this crap,,,,,,,,,,,,,,,,,,,,,,headline local rag [Council Officers deny Driver work} Councilor XXX Chair of licensing says oh fu£k !!!!!!!!!!!!!!!11 hes toast ,,,,,,,get on with it ffs

I have written to the Chair of licensing.

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PostPosted: Fri Oct 17, 2014 10:04 am 
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They are refusing to even make a decision.

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PostPosted: Fri Oct 17, 2014 10:07 am 
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grandad wrote:
They are refusing to even make a decision.


Are they refusing to issue a HC or PH license?

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PostPosted: Fri Oct 17, 2014 10:09 am 
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captain cab wrote:
grandad wrote:
They are refusing to even make a decision.


Are they refusing to issue a HC or PH license?

We have duel licenses. but they say they are not refusing to issue the license and they are not granting the license, they are "delaying" the decision.

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PostPosted: Fri Oct 17, 2014 10:21 am 
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grandad wrote:
captain cab wrote:
grandad wrote:
They are refusing to even make a decision.


Are they refusing to issue a HC or PH license?

We have duel licenses. but they say they are not refusing to issue the license and they are not granting the license, they are "delaying" the decision.


I'm pretty sure a delay is a refusal according to caselaw -

section 52 of the 1976 act allows you an appeal to the magistrates court.


52 Appeals in respect of drivers’ licences.

Any person aggrieved by—

(1) the refusal of the district council to grant a driver’s licence under section 51 of this Act; or

(2) any conditions attached to the grant of a driver’s licence;

may appeal to a magistrates’ court.

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PostPosted: Fri Oct 17, 2014 11:00 am 
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captain cab wrote:
grandad wrote:
captain cab wrote:

Are they refusing to issue a HC or PH license?

We have duel licenses. but they say they are not refusing to issue the license and they are not granting the license, they are "delaying" the decision.


I'm pretty sure a delay is a refusal according to caselaw -

section 52 of the 1976 act allows you an appeal to the magistrates court.


52 Appeals in respect of drivers’ licences.

Any person aggrieved by—

(1) the refusal of the district council to grant a driver’s licence under section 51 of this Act; or

(2) any conditions attached to the grant of a driver’s licence;

may appeal to a magistrates’ court.

Does that mean he can continue to drive pending the appeal?

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PostPosted: Fri Oct 17, 2014 11:07 am 
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grandad wrote:
Does that mean he can continue to drive pending the appeal?


Nice try, his badge had already expired hadn't it?

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PostPosted: Fri Oct 17, 2014 11:21 am 
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captain cab wrote:
grandad wrote:
Does that mean he can continue to drive pending the appeal?


Nice try, his badge had already expired hadn't it?

Then there is no point in appealing. as soon as his DBS arrives he will get his badge but we don't know how long that will be. it was posted on the first. They have sent a reprint on the 14th, neither have arrived yet.

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PostPosted: Fri Oct 17, 2014 11:25 am 
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grandad wrote:
Then there is no point in appealing. as soon as his DBS arrives he will get his badge but we don't know how long that will be. it was posted on the first. They have sent a reprint on the 14th, neither have arrived yet.


I'd put them in the small claims court

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PostPosted: Fri Oct 17, 2014 11:28 am 
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captain cab wrote:
grandad wrote:
Then there is no point in appealing. as soon as his DBS arrives he will get his badge but we don't know how long that will be. it was posted on the first. They have sent a reprint on the 14th, neither have arrived yet.


I'd put them in the small claims court
Who and what for?

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PostPosted: Fri Oct 17, 2014 11:37 am 
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grandad wrote:

I'd put them in the small claims court
Who and what for?[/quote]

the council for loss of earnings

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PostPosted: Fri Oct 17, 2014 11:44 am 
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captain cab wrote:
grandad wrote:
Does that mean he can continue to drive pending the appeal?


Nice try, his badge had already expired hadn't it?

Appeal against the non-issue of a renewal, that may make them renew whilst the DBS is pending. Do not let them contend that it is a "Grant", it is a "Renewal", the break in Licence is their fault. They have the discretion to issue in the absence of the DBS, they simply refuse to use that discretion.

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PostPosted: Fri Oct 17, 2014 11:47 am 
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Chris the Fish wrote:
Appeal against the non-issue of a renewal, that may make them renew whilst the DBS is pending. Do not let them contend that it is a "Grant", it is a "Renewal", the break in Licence is their fault. They have the discretion to issue in the absence of the DBS, they simply refuse to use that discretion.


=D>

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PostPosted: Fri Oct 17, 2014 11:48 am 
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Chris the Fish wrote:
captain cab wrote:
grandad wrote:
Does that mean he can continue to drive pending the appeal?


Nice try, his badge had already expired hadn't it?

Appeal against the non-issue of a renewal, that may make them renew whilst the DBS is pending. Do not let them contend that it is a "Grant", it is a "Renewal", the break in Licence is their fault. They have the discretion to issue in the absence of the DBS, they simply refuse to use that discretion.

This will take longer than waiting for the DBS to arrive though wont it? We are trying to get this driver on the road now. He has a family to feed.

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PostPosted: Fri Oct 17, 2014 2:32 pm 
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Can he not get it sent to him by email

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