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PostPosted: Thu Mar 30, 2006 3:59 am 
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Ross wrote:
Mr Thomson

you still haven't answered the question I asked earlier, so here it is again.

Mr Thomson, correct me if I am wrong, but does the Salteri case not go against your ideology.
The profiteering from a free plate.
A non taxi driver being issued with a free plate.
Come on Mr Thomson, you can't have it both ways.

Ross


ps P222 was asking for you.



What ideology do I have that profiteering from a free plate would go against? You obviously know more about my theorisations than I do.

Feel free to explain?

This way I will know what you are talking about when I answer any of your questions on my ideology I know nothing about unless of course I ask you first. You being the only one who knows about my ideology you are probably best placed to answer any questions you have yourself.


What do you need me for?
:lol: :lol: :lol: :lol:

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PostPosted: Thu Mar 30, 2006 4:13 am 
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JD wrote:

Just one point, wherever CEC go I shall be waiting for them.

Regards

JD


Exactly what do you have to gain from this JD? :?: :?: :?: :?: :?: :?: :?: :?: :?: :?:

What are your motives? :?: :?: :?: :?: :?: :?: :?: :?: :?:

We all know Skull/Ali T/Salteri they are all financialy incompetent arseh0les who see a free plate to sell on, as a cheap way of getting themselves out of the financial sh!t that they've got themselves into, as Skull has proved oin the past, but how exactly do you benefit from this? :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll:


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PostPosted: Thu Mar 30, 2006 4:25 am 
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ALI T wrote:
[(my god man youll be saying "massa is good to ross he only wap me once a week" next)


I take it this is also slapheid's view too, as he is still driving a taxi for a living yet claims to own a PHC. So I'll take a wild guess and say he cant be that financially stupid that he's leaving sitting outside his country cottage not earning, so must be using and abusing drivers like you describe above? Or is it one rule for for him or another for his drivers. He's so right when he quotes Animal Farm, and just like the book, the pigs like him revert to type and subjugate the workers once they escape from servility. :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil:

Manor Farm = Animal Farm = Manor Farm

There again maybes he's never read the book and just reads his little book of quotations in a sad pathetic attempt to look clever, without bothering his lazy arse to read the book :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock:


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PostPosted: Thu Mar 30, 2006 5:07 am 
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Ross

So who are you? (I mean this in the metaphoric sense) A nice little unit of production born to serve a system that denies any self-determination, servitude of body and of mind. No capacity to think for ones self, sworn to defend that which tells you how to think and how to behave.

Ross the professional cabby who has no plate and no desire to own one, good old Ross they will say. A driver who didn’t buck the system and knew his place in the food chain, I can hear the owners now. We need plenty more like Ross a true “Taxi Driver” never wanted to own a plate only wanted to server his Lord and Master.

Ross the driver who cannot free himself from the belief he is not already free to think for himself.

Nice to see you are shackled to an ideology passed down by generations of born slaves.

In this society Ross your colour is determined not by your race but by your social status, you are blacker than any black man driving a taxi and it has nothing to do with the colour of your skin.

When these councillors look down on from up high in the city chambers what colour do you think they see? Would you expect them to treat you equally if your accuser was black and it was your word against his?

I don’t think so somehow.

Join us Brother Ross, be black and be proud.


This goes for you too Tornarsehole.
:wink:

BTW it's not a quote and I wrote it all myself, amazing things these computers. Not bad for someone who cannot write eh :wink:

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PostPosted: Thu Mar 30, 2006 7:39 am 
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RealCabforce wrote:
Are they pleased that they have helped him taint the trade even more?

If you don't like the folks on here you best go a) back to the peeping forum, and b) back to you phone directory. :lol: :lol:

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PostPosted: Thu Mar 30, 2006 7:43 am 
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TornCasualty wrote:
Exactly what do you have to gain from this JD? :?: :?: :?: :?: :?: :?: :?: :?: :?: :?:

Maybe it just the rewards of p***ing the likes of you off so much.

But maybe it's just the opposite of exactly why the NTA and T&G want to stop licensed taxi drivers having their own plates. [-(

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PostPosted: Thu Mar 30, 2006 9:34 am 
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Sheriff Prinicipal Bowen Wrote!

I am less convinced by the terms of the third ground of appeal and the argument advanced in support of it. This was to the effect that before refusing the application the Sheriff should have taken into account the effect of the provisions of section 10(2) of the 1982 Act.

These provisions prohibit a Licensing Authority from granting a taxi licence unless they are satisfied that the vehicle to which the licence is to relate is suitable in type, size and design for use as a taxi and that there is in force an appropriate policy of insurance. It was pointed out that the applicants averred that the respondent had not provided details of the vehicle for which the licence was sought and indeed it was likely that she had not purchased a taxi.

It was contended, as I understood the argument, that this provision conflicted with the "deemed grant" provisions of section 3(4), and that the Sheriff should have taken into account the practical implications of refusing the application.

I am far from persuaded that this is a relevant consideration for a Sheriff faced with an application under section 3(2); the consequences of a Licensing Authority failing to reach a final decision in respect of a licence application have been clearly spelled out by Parliament. If the Authority seeks to have the relevant statutory period extended it must advance positive reasons in support of the application, and not found on the consequences of its own failure.


This means that licensing authorities in Scotland can no longer use the excuse that license applicants must purchase a vehicle before a license application is offered.

It's good to see the Scottish Judiciary taking notice of TDO? lol

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PostPosted: Thu Mar 30, 2006 9:54 am 
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Sheriff Principal Bowen wrote!

10. Whilst it is not clear to what extent the Sheriff was influenced by the irrelevant considerations above referred to, or to the fact that the applicants led no evidence and relied simply on the terms of the application, I am persuaded that the errors in these respects are sufficient for me to take the view that I should consider the application of new.

This was a master stroke by Bowen, hearing the application anew practically closed the door on any chance of success CEC might have entertained at any future appeal, they may be contemplating. lol

Still celebrating!

Regards

JD


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PostPosted: Thu Mar 30, 2006 10:49 am 
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yes he has indeed done a job on them :wink:

i wonder if they will appeall :roll:

after all they have nothing to lose, its not thier money, its not even council tax money.

they will just raise the taxi licence fee's next year :lol:

and it will be a substantial rise, all these surveys, reviews,court cases etc

i wonder if the edinburgh trade knows they are paying to help seal the fate legally of the scottish taxi trade.
well done lads
no one else need suffer the injustices that we have suffered :wink:


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PostPosted: Thu Mar 30, 2006 10:59 am 
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Sheriff Principal Bowen wrote!

11. Whilst there was a superficial attraction in the argument presented by counsel, and I have not had the benefit of hearing competing argument, I am not satisfied that this argument is sound. "Consideration" of a licence application appears to me to involve more than merely registering it and setting in motion the administrative machinery to deal with it.

lol I guess some of us knew that already but not Sheriff Mackie. Maybe Sheriff Mackie should go back to law school?

I consider it significant that section 3(1) of the 1982 Act imposes a requirement to "consider" and thereafter reach a "final decision". That appears to me to contemplate some form of initial deliberation by the Licensing Authority within the first three months.

Quite right, lol

On the applicants' own averments their Regulatory Committee meets every four to five weeks. There is no obvious reason why a licence application could not be placed before it within three months of it being lodged.

Oh my, are you saying CEC failed to carry out its statutory duty?

One of the matters which the Committee would require to consider would be whether there was sufficient information to deal with the application at that stage or whether it was necessary to continue to a later date within the six month period. If there was good reason for believing that the application could not be dealt with within the time limit that may well be the point at which it would be appropriate to instruct an application for an extension under section 3(2).

I have to thank Sheriff Bowen for taking on board the arguments presented on behalf of the respondent and rejecting those presented by the applicant CEC.

It is obvious which party knew the relevant law and which didn't. lol In that respect I am glad the respondents submission help define a small portion of Scottish law.

12. In the present case the Sheriff was, I consider, rightly critical of the fact that nothing appeared to have been done until the summary application was lodged some ten days before the six month period was about to expire. If the matter had been properly "considered" by the applicants within the three month period the extension could have been sought much earlier. In these circumstances I am not minded to allow this appeal.

A wise judgment which is fair and accurate.

Considering the fact that the QC representing CEC had a free reign in court and was unopposed, it just goes to show the weight of the arguments put forward by the respondents.

If an unopposed QC can't convince a judge to the merits of his legal argument then it might suggest those legal arguments are unfounded.

I take great satisfaction that justice was done in this case and I believe those people who have continuously shot their mouth off about the likely outcome of this and similar cases are slowly realising that they just might be wrong.

For my part I was never in doubt of the outcome or how the law should be interpreted. CEC tried to interpret the law as they saw fit, to their detriment they now know differently.

They have no doubt learnt a valuable lesson and in future when they are presented with an application they will have to deal with it as the law intended. They already new the law but they tried to bend it in their favour when they chose not to comply with it.

This verdict could well place CEC in a very precarious position because their Jacobs survey is now historic and they have not kept themselves informed to the level of demand.

Even if they employ a licensing officer to conduct occasional stance observations I doubt it will be sufficient to convince a court of law that there is no unmet demand overall.

He will not have the resources to carry out an adequate observation of the area as a whole and take into account every aspect that demand entails. Even Jacobs couldn't do that?

I'm afraid you guys in Edinburgh have a few problems to solve that Aberdeen and Dundee found hard to reconcile. The next few weeks will be very interesting.

You better think about that?


Regards

JD


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PostPosted: Thu Mar 30, 2006 11:19 am 
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jd wrote:
This verdict could well place CEC in a very precarious position because their Jacobs survey is now historic and they have not kept themselves informed to the level of demand.

Even if they employ a licensing officer to conduct occasional stance observations I doubt it will be sufficient to convince a court of law that there is no unmet demand overall.

He will not have the resources to carry out an adequate observation of the area as a whole and take into account every aspect that demand entails. Even Jacobs couldn't do that?

I'm afraid you guys in Edinburgh have a few problems to solve that Aberdeen and Dundee found hard to reconcile. The next few weeks will be very interesting.

You better think about that?


Regards

JD


i wonder if the trade/council now realises that they made a mistake by trying to defend thier policy.

i wonder if they realise just how close to the edge this has brought this policy.

i somehow doubt they are even aware how vulnerable edinburgh now is.

what was it they said the last time
ah yes " it will only be 5 plates that will be granted for a year and then taken back" or words along those lines.

that may have been the case a long time ago.
that time has come and gone.

fools and thier beliefs.


:lol:


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PostPosted: Thu Mar 30, 2006 1:00 pm 
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ALI T wrote:
jd wrote:
This verdict could well place CEC in a very precarious position because their Jacobs survey is now historic and they have not kept themselves informed to the level of demand.

Even if they employ a licensing officer to conduct occasional stance observations I doubt it will be sufficient to convince a court of law that there is no unmet demand overall.

He will not have the resources to carry out an adequate observation of the area as a whole and take into account every aspect that demand entails. Even Jacobs couldn't do that?

I'm afraid you guys in Edinburgh have a few problems to solve that Aberdeen and Dundee found hard to reconcile. The next few weeks will be very interesting.

You better think about that?


Regards

JD


i wonder if the trade/council now realises that they made a mistake by trying to defend thier policy.

i wonder if they realise just how close to the edge this has brought this policy.

i somehow doubt they are even aware how vulnerable edinburgh now is.

what was it they said the last time
ah yes " it will only be 5 plates that will be granted for a year and then taken back" or words along those lines.

that may have been the case a long time ago.
that time has come and gone.

fools and thier beliefs.


:lol:



Could this be the end of their totalitarian state? No more state regulated quantity controls? Don’t tell me the pigs are taking over introducing a free market quality control model. (This part was for Torncasualty who obviously knows sod all about animal farm)

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PostPosted: Thu Mar 30, 2006 1:10 pm 
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Have a wee look on fasties, Predator's last post. Seems like panic is setting in, good job lads. =D> =D> =D> =D> =D> =D> =D>

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PostPosted: Thu Mar 30, 2006 1:28 pm 
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Skull wrote:
Have a wee look on fasties, Predator's last post. Seems like panic is setting in, good job lads. =D> =D> =D> =D> =D> =D> =D>


predator wrote:
Why are we as a trade not standing up and fighting against this? What is the Scottish taxi Federation doing? by all accounts not a lot.


"we as a trade " :lol: thier is no such thing, and when you say this what you are really saying is "what can i do about it, and why isnt someone else doing somit aboot it"

predator

i think you are a little mixed up.

prey would be a better name for you.
never mind im sure the scottish taxi federation will come to youre rescue.
whoever they are :roll:

mr muldoon really knows his sh*t
hes so good i heard he was selling up :wink:


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PostPosted: Thu Mar 30, 2006 1:33 pm 
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greengrass was on talk 107 the day

the man's a glutton for it.

mark stay away from live media mate.
you constantly trip over youre own plates. :lol:

first stating that taxi drivers dont make the tarrifs

and 3 minutes later stating that it was he as a trade rep that put the proposal forward .
balloon :lol:
oh and you have not to go to him for finance if you want to be a taxi owner
"go see youre friendly bank manager"

is mark on bad terms with the blackhorse these days ?


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