Taxi Driver Online

no you do not need a courts permission. you are permitted to continue to driver while you decide if you want to submit and application and then you can continue driving once you have submitted the application.

Herefordshires principle lawyer has conceded to this and I have an email from him confirming the legal position.

Kevin

Do us a favour, get him to e-mail you that, and then post it up on here.

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IDFIMH

But surely the point is that the contract is for the exclusive use of the club. And he's not advertising - it's the club that is. And he's not offering his services to anyone, it's the club that's doing that.

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Taxi Driver Online
www.taxi-driver.co.uk

Unfortunately I am not able to post emails from the councils solicitor without his prior approval, it is covered by confidentiality.

But all the relevant details about appeals for refusal despite a timely renewal can be found at the link that I posted earlier in the thread.

Here it is again in case you missed it:

http://www.tapin2taxis.co.uk/faq.asp?id=3

Kevin

Yes but he is the club.

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IDFIMH

But, as far as I'm aware, your license ran out before your CRB came back. I'm not that sure that can be viewed as a 'timely renewal'.

But maybe your council has realised that they f***ed up by refusing to renew your license while they waited for the CRB check to come back, and this is a good way of allowing you to work.

Which is what they should have done in the first place, as happens in most other areas.

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IDFIMH

Well in substance I suppose that's correct, but in law the club has clearly been constituted as a seperate legal entity with a view to avoiding the legislation. I doubt if the existing case law deals with the particular scenario in question, but until it's challenged by the council or addressed in a court of law then there's presumably some mileage in the scheme, or surely the solicitor wouldn't have drawn it up in the first place.

I think it would depend how the legislation was interpreted - clearly the scheme is artificial and contrived, thus to that extent it was obviously never intended that the law could be avoided in this way, but on the other hand if the wording of the legislation is considered in isolation then it's more likely to be considered legal.

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Taxi Driver Online
www.taxi-driver.co.uk

I think if this was allowed then 1000s of Mr GBC's mates, like Mr Ali, would be doing it.

The fact that they aren't doing it, or pretending to do it, says to legit old me that it's not on.

Ollie

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Happy to be legit.

I find myself agreeing on something Ollie says.


I need to sit down.

Latest update on my crb check.

It still haven't come through yet but I'm now driving on section 77 appeals process. Seems like it could be a few more weeks before the check gets done.

Thought my appeal hearing at the magistrates court would be heard tomorrow but it seems like they've gone on strike and so my case has been postponed until 10th January.

Still at least it means I can carry on driving without a badge through the new year which is good news.

I really don't understand how herefordshire council can be so strict on their policy. Taxi drivers needing an enhanced crb renewed every two years, that's even more frequently than foster parents and residential social workers not to mention the fact that at the time of renewal my enhanced crb was less than two years old and there had been no complaints against me as a driver.

I'll let you know the outcome of the case when it finally gets heard.

Kevin

I would certainly use that line of defence at the court.

If a once only CRB check is fine for teachers, social workers, carers etc, then one has to wonder how a council could justify one every two years for the taxi/PH trade.

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IDFIMH

We have an on going issue at the moment with "pinkies".
They were issued plates when their cars were still grey (before they were sprayed pink) you try going for test with an odd coloured door and tell them it's being sprayed next week!)

And allegedly they didnt take their knowledge test part of obtaining their badge because "the vehicle has sat-nav"
???

Also, because they're a members club (people pay £1.00 to join) they cant be done for sex discrimination.
But now they're carrying men as well because they dont get the work.

Btw, their paid an hourly rate here where i am, think it's £5.80 days/£7.50 nights. needless to say they dont get many takers for working nights!! even days is half of what they could easily earn on a busy system in the town.