Taxi Driver Online

I have been down to our council this morning with a prospective driver for a panel hearing. I have previously mentioned this driver from 3 years ago when he had his license revoked after a conviction for benefit fraud. He applied for a new license and was called before the committee this morning. basically the licensing officer had recommended that the application be refused because he had not paid any of the money back. I went with him because he is not very good in these situations. We showed the committee that he had in fact been making payment of £20 per month until last November when payments were increase to £40 per month. This being all that he can afford out of his £4500 per year wages from part time employment, after all he does have to live.
The committee decided that he was not a fit and proper person to be granted a license because he had not paid enough of the money back. one of the committee even told him that he should get a proper job. I thought this was a very condescending remark to make given that the chap is unqualified and weight aproximatly 30 stone so he would struggle to do most jobs.
Do you think that he should appeal to the magistrates court and if so on what grounds?

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Grandad,

1) erred in law

2) based their decision on an incorrect material fact

3) acted contrary to natural justice

4) exercised their discretion in an unreasonable manner

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Saying that you could challenge the legislation as being discriminatory, contrary to human rights and not fit for purpose?

There is no criteria, definition, threshold or precedent being used in determining what is, in fact, a fit and proper person to drive a taxi and that the council just make it up as they go along?

Good luck ...

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Oh and Grandad, you should have video recorded the whole affair. The council get away with these kangaroo courts because their decision making process is his held "in camera" (private).

Knowing what I do now, I would invest in some good covert surveillance equipment and build a video diary of any meetings held with the council or any public official.

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Oh and you might want to FOI request the minute of the meeting but don't expect to see any derogatory comments recorded. Councils tend to have a selective memory when anything could be used against them at a later date.

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

I agree.

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

If the above is correct then the committee has based its decision on his ability to pay the money back? In other words, how much does one have to pay before being considered a fit and proper person to drive a taxi? Which I am sure you would agree is ridiculous. As the amount set would be determine by the court and his financial situation. And how does your ability to pay prove anything regarding your character, let alone, how fit and proper you are? Oh and if they had granted his licence his ability to pay would have been resolved. Their decision to deny the licence is therefore a contradiction in terms, one might say.

1) erred in law

2) based their decision on an incorrect material fact

3) acted contrary to natural justice

4) exercised their discretion in an unreasonable manner

Take your pick Grandad?

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

If he does he should do so on the grounds of the licensing committee being unreasonable.

Who set the re-payment rate?

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IDFIMH

good post Gary

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

I would take it a step further and say, the licensing committee has erred in law by basing their decision on this man's inability to pay a fine administered in a court of law and are therefore punishing him for the same crime twice by not granting his license application. And not only are the exercising their discretion in an unreasonable manner, in this case, they are incapable of acting in a way which is in accordance with natural justice by allowing this man the means to pay his fine through his gainful employment as a taxi driver.

YOU BUNCH OF FU*KING ARS*HOLES!!

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Honestly, these fuc*ing idiots on committees, they do my box in...

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

get him a hackney license in another area, license a vehicle there and then bobs your uncle

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

the driver set the repayment rate. His payments have all been made to the Department of Work and Pensions.

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Grandad,

Benefit fraud is theft, would you give a thief a job? I'm with the licensing officer on this one.

Another thing, he's 30 stone and morbidly obese and no doubt suffers from sleep apnoea, IMO he's a danger to the travelling public and other road users.

How long do you think it should be before he can get a badge again? The doctor provided a medical certificate in which he detailed the treatment that this chap had received for sleep apnea and that he was fit to drive a hackney carriage.

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Grandad,