Taxi Driver Online

Anyone with any spare cash to waste should visit the link here

Not clear what kind of legal challenge it would be - I think only an unsuccessful applicant could appeal the non-grant of a licence, although I'm not entirely clear.

So presumably this will be some sort of judicial review, or similar. But the cited costs seem on the modest side for that, but who knows?

To be fair, though, it looks like it'll be more successful in crowdfunding terms than Delta's VAT appeal


Challenge Fife Council's Uber licensing decision

https://www.crowdjustice.com/case/uber-fife/

Hundreds of objections to Uber's Fife booking office licence were rejected as invalid because they were submitted electronically and 25 objectors who were specially invited to the licensing hearing were not allowed to present their case. Uber's application was granted under delegated powers.

Now Fife Council has confirmed Uber applied electronically, while admitting it cannot produce the statutory determination governing electronic submissions.

Was Uber's own application valid? Were the objections lawfully rejected?

We are raising an initial £5,000 for solicitor Jonny Nisbet to pursue a legal challenge, with potential costs reaching £20,000.

Help us hold Fife Council accountable and ensure the law is applied equally to everyone.

Thank you to everyone who contributes and shares this crowdfunder, and for your continued support!

Of course, the whole thing's a charade and a shambles. But what's new?

And even if some kind of legal process was successful, I'd guess it would just mean the council would need to revisit the whole application process.

Thus would in the end be little more than a stay of execution.

It can only be a Judicial Review, but I'm not sure it will affect Uber even if the Fife trade won. Which they won't.

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IDFIMH

Anyway, it's been covered by PHTM and Taxi Point, and at least one local press title in Fife

Not much new in any of them, but there are three fresh quotes which have obviously been sent via a press release, although again nothing particularly new in them:



William Laing, of Prompt Taxis, said: “Local operators are expected to follow Fife Council’s licensing rules in every detail. We are entitled to expect the same standard from a major platform seeking to operate here. This challenge is about whether the rules were applied consistently, whoever the applicant happens to be.”

Sam Green, of Magnum Taxis, said: “This challenge matters beyond the taxi trade. People took the time to object to a licensing application, but their objections were not heard. The legal challenge can establish whether the rules for making those objections were lawful and clear. The public should be able to take part in a licensing process without finding out at the hearing that their submissions do not count.”

Linda Holt, of St Andrews Taxis, said: “The committee had 431 objections on record, invited 25 objectors to speak, then heard none of them before granting the licence. Now the question of electronic submissions cuts both ways: if the Council cannot produce the determination governing electronic submissions, how can anyone be confident the same rules were applied to Uber’s application and to the objections? It looks as if, for whatever reason, Fife Council unfairly favoured Uber’s interests against those of local taxi operators, and our only recourse now is a legal challenge.”

Noticed this in Taxi Point's piece, though - do I detect a hint of sarcasm?


But the quotes are interesting in that if anyone had the money they could be in court about this, that and the next thing about what Fife Council does.

But, of course, the power dynamic thing means that normally everyone tends to go with the flow, except in extreme circumstances like this.

By the same token, to an extent the more normal Fife Council shenanigans are the result of capture and vested interests etc. So to that degree no-one normally says anything

Anyway, the crowdfunder is doing reasonably well, and now at £2,135 of the initial £5,000 target

Quite a few biggish donations yesterday, and the average was over £100. The average is now below £100, so obviously a few smaller ones today - now 24 pledges in total.

(I don't think it's possible to see the individual amounts unless the donor has left a comment, but it's easy enough to work out the average.)

But I'd guess the donations will stall pretty soon, and that it won't go racing past the £5k target - probably those in the trade with the odd £100 to spare were ready and waiting to part with their cash, and that'll soon fizzle out, and maybe future donations will be a lot smaller, and will dry up fairly soon.

Another wee detail (presumably in the press release) is that the £5k is basically for preparatory work by the solicitor Jonny Nisbet

I'm sure I recall his name from years and years ago acting on behalf of Edinburgh HCs, but can't quite recall what it was all about.

I agree it's throwing hard earned cash down the drain

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

A fresh quote from the council in another press report about the crowdfunder:


So no surprises there.

But I haven't seen this chap's name mentioned in relation to it all - the other council lawyer who was actually at the meeting etc has maybe been sidelined

But Mr Paterson was the one who seemed to be more heavily involved in licensing for a while. And who was the one who seemed to willingly take the rap for the months of delay over the tariff process.

But who didn't reply to my emails about it all

Well it's chugging along reasonably well, and now almost £3,700 pledged of the £5,000 target.

Mostly £100 donations, by the looks of it, and mostly from the offices rather than drivers, and one of the offices in the Levenmouth area has pledged £400

(And I'd imagine most of the offices are 10-20 cars, or similar, or even smaller.)

(£3,677 from 46 pledges, so average of £80.)

But it's not going to stop at £5,000, though.

That might get you to the front door of the court, but to actually participate in court proceedings is going to be £20,000 minimum.

And nothing will change.

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IDFIMH

One day to go, and still £738 short of the £5,000 target.

And don't forget:


It's been moving at a snail's pace for a couple of weeks now, so as things stand it doesn't look like it will meet the target. So expect one or two big donations to get it through the target, or EFTA will presumably be left to foot the initial £5k legal fees

To that extent it would be better for them use their own cash to get through the target rather than footing the whole bill, assuming of course that the costs have already been incurred.

less administration costs of £4262 probably

seriously though I would have thought it would cost way more than £5K and probably won't succeed

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

Someone's donated £338, taking it up to £4,900

So presumably the odd sum now donated was intended to bring the total to precisely £100 below target.

Don't know why that might be...but expect the total of £5,000 to be reached soon.

A couple of substantial donations and it's now at £5,210

And it's now marked '£20,000 stretch target'.

Which makes it sound like it'll continue past the imminent closure date, but who knows?

An update on the legal process



Another recent update

But everyone, absolutely everyone, knows what the eventual outcome will be.

It will be Uber with an operator (booking agent) license in Fife.

I don't like Uber, but they have done SFA wrong.

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IDFIMH