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PostPosted: Tue Nov 15, 2016 6:58 pm 
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Guildford taxi driver loses appeal against council's vehicle livery policy

A crown court judge dismissed the appeal by taxi driver Ben Simmonds

A court has dismissed a Guildford taxi driver’s appeal against the borough council’s livery policy.

Many taxi drivers were left unhappy with Guildford Borough Council’s decision to implement a new policy requiring drivers of its fleet to change the colour of their cars to the local authority’s "corporate teal" shade.

Driver Ben Simmonds challenged the policy before magistrates in Redhill on July 5, who found against him.

He appealed against the decision at Guildford Crown Court on Friday November 4, but this was dismissed on the basis that the issue of the livery was council policy and therefore not for the crown court to strike down.

Councillor Graham Ellwood, lead member for licensing and community safety, said: “I am pleased with the outcome of this hearing.

"We are now keen to move on from dealing with challenges to the policy.

“These challenges divert the council from other important work to help taxi drivers and cause delays to implementing policy to raise standards and protect the travelling public”.

The council was awarded £4,500 costs, payable in three months, in addition to the £4,500 awarded at the magistrates court early this year.

Get Surrey understands that Mr Simmonds and the Guildford Hackney Association are considering their options as to their next steps.

source: http://www.getsurrey.co.uk/news/surrey- ... l-12178201

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PostPosted: Tue Nov 15, 2016 8:53 pm 
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captain cab wrote:
He appealed against the decision at Guildford Crown Court on Friday November 4, but this was dismissed on the basis that the issue of the livery was council policy and therefore not for the crown court to strike down.

I'm guessing the legal advice used by the driver was found beside the chewy sweet in the jamboree bag. ](*,)

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PostPosted: Wed Nov 16, 2016 12:50 am 
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Sussex wrote:
captain cab wrote:
He appealed against the decision at Guildford Crown Court on Friday November 4, but this was dismissed on the basis that the issue of the livery was council policy and therefore not for the crown court to strike down.


On the basis of the above ruling ie "not for the Crown to strike down ", then there was no need for it to go to court, as they would have known beforehand what the hearing/case was about.

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PostPosted: Thu Nov 17, 2016 1:26 pm 
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What a Dumbass council...If they had to have a fleet colour policy could they not just have made it a common colour like Silver or White or Red...but no, It's teal Blue, which means unless some Idiot had had a Wacky Baccy moment when buying a new car in teal blue there will be very few Second Hand models in that colour to be had, so every poor smuck will have to go out and spend loads of the hard earned on a spray job or wrap just to appease some jumped up councillor who does not really to have to work for a living and who also fails to grasp the costs of trying to run a business for profit.

More Non Jobs putting petty Egos before economic recovery..they should be sacked.


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PostPosted: Thu Nov 17, 2016 5:35 pm 
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I'm on a ph firm who have a colour policy. The council does not.
Only Ford and Skoda do the correct colour, all the other manufacturers have the right colour - but not the correct shade, so all the ph on the fleet that are'nt Ford or Skoda are resprays. However if you have a hack on the fleet it can be any colour you want :?

All the other ph firms in town also have a colour policy but they had the sense to choose one that is available on all manufacturers.

On the bright side I have the only Auris in the world painted in this particular colour/shade, wonder if it increases it's value? :roll:

I'm self-employed apparently. :?


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PostPosted: Thu Nov 17, 2016 9:15 pm 
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sasha wrote:
I'm self-employed apparently. :?

Not sure the London Employment Tribunal concur. :wink:

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PostPosted: Thu Oct 12, 2017 7:56 pm 
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Driver loses appeal in High Court.

£11,000 to pay council.

http://www.getsurrey.co.uk/news/surrey- ... y-13744928

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PostPosted: Thu Oct 12, 2017 8:54 pm 
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Sussex wrote:
Driver loses appeal in High Court.

£11,000 to pay council.

http://www.getsurrey.co.uk/news/surrey- ... y-13744928


It appears to fly in the face of the crown court cases in Durham and Stockport, has this association in Guildford by taking it to the High Court scr*wed the entire country?

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PostPosted: Thu Oct 26, 2017 8:52 pm 
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the link sussex posted is now dead - this one isn't

http://localgovernmentlawyer.co.uk/inde ... &Itemid=29

High Court rejects appeal by taxi driver over council livery policy

Wednesday, 18 October 2017 09:09

A High Court judge has rejected a taxi driver’s appeal over Guildford Borough Council’s livery policy, it has been reported.

The local authority said the driver had claimed in a previous hearing in November 2016 at Guildford Crown Court that the livery policy amounted to a licence condition and should be removed from his licence.

The judge dismissed that appeal, finding that the reasons for the livery, such as protecting public safety, were sound and reasonable. 

The taxi driver then took his appeal to the High Court.

The High Court has now dismissed the appeal, deciding that it was reasonable to attach conditions on licences which relate to council policy.

The court awarded Guildford an additional £2,000 in costs. The appellant now owes the council £11,000 in costs for this and other appeal cases, the local authority said.

​Cllr Graham Ellwood, Lead Councillor for Licensing and Community Safety at Guildford, said: "I'm delighted with the ruling made by the High Court. My hope now is that this judgement brings to an end the legal challenges that have diverted the Council from other important work to help taxi drivers. This has caused delays in implementing a policy that is aimed at raising standards and protecting the travelling public."

The policy change was previously challenged at Redhill Magistrates Court in July 2016 and at Guildford Crown Court in November 2016. At each stage costs have been awarded to the council.

​​​Cllr Ellwood added: "Guildford will now have a fleet of easily identifiable, liveried taxis from 1 January 2018. I would like to remind drivers that they need to make arrangements to livery their taxis as soon as possible to ensure they are not off the road after this deadline."

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PostPosted: Fri Jan 19, 2018 7:23 pm 
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Hmmmm. :-k

http://www.getsurrey.co.uk/news/surrey- ... s-14141017

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PostPosted: Fri Jan 19, 2018 7:48 pm 
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It would have been far cheaper , if not cabs where available on a Saturday night when the clubs kick out


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PostPosted: Fri Jan 19, 2018 7:56 pm 
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Sussex wrote:


Hmmmm indeed, don’t make any sense, no mention of section 58? Crap reporting


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PostPosted: Fri Jan 19, 2018 7:57 pm 
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Quote:
. He can now use his car as a private hire vehicle - as opposed to a hackney carriage driver - but he is determined to battle against the council's decision and take further legal action.


Can he really


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