Taxi Driver Online

As long as it's got stabilisers , cos you won't get an easy ride on here

But it's funny, as regards the immigrant question the other day, you claimed to be merely stating facts when your statement looked suspiciously like an opinion, yet now when chipper puts forward a few opinions on the plate situation you answer him by stating facts

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

By my reckoning I now have two BMX's, I am fast becoming a BMX baron and cartel operator



I made a statement on the immigrant question, its others who have read into it and made presumptions.

Are factual answers not wanted in relation to this thread? I dont know how relevant the Weymouth case is in connection with Edinburgh because I dont know the Scottish Law, so I answered in the above way.

Perhaps it's a persuasive argument that will stop the local authority from outlawing plate transfers (as is alleged).




The elected local authority make the decision to limit licenses, not the hackney carriage trade. How are you held to ransom?



I refer you to the post made at 4.13pm



you answer your own question



again, you answer your own question

regards

Captain Cab

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

So you have to pay tens of thousands for a plate issued by the LA for next-to-nothing. If this isn't being held to ransom then what is?

And particularly from someone who said that selling plates in this way was immoral?

And why did you dimiss the whole of chipper's post on this basis, when you said that you either didn't knew nothing about the rest of the post or don't seem to be disagreeing with it at all?

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Taxi Driver Online
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Going from the Weymouth case apparently a person transfers their interest in a license to another person and requests the local authority to change the register.

Therefore, its presumably the vehicle that is sold

So in theory the plate is transferred for nothing but a slip of paper, but the vehicle is sold at an inflated price.

I dont have to pay squat, its a choice a person will make as a result of the local authority decision, invariably a decision made by an elected committee of councillors.



Okay going from the above statement then selling plates is immoral, but selling vehicles?

Naaa, only joking

I haven't sold plates and dont intend to. If there wasnt a buyer then the results are obvious.



I dont quite understand the final paragraph, could you explain it please.

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

Going from the Weymouth case apparently a person transfers their interest in a license to another person and requests the local authority to change the register.

Therefore, its presumably the vehicle that is sold

So in theory the plate is transferred for nothing but a slip of paper, but the vehicle is sold at an inflated price.

I dont have to pay squat, its a choice a person will make as a result of the local authority decision, invariably a decision made by an elected committee of councillors.



Okay going from the above statement then selling plates is immoral, but selling vehicles?

Naaa, only joking

I haven't sold plates and dont intend to. If there wasnt a buyer then the results are obvious.



I dont quite understand the final paragraph, could you explain it please.

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

now dont say iam not good to you captain cab but i do think pink is your colour

just in from nightshift so will read whats been posted after some kip

A lot of winking going on here, with the winks presumably being the most relevant part of your statements?



So presumably this evasion means that you agree that drivers in Edinburgh who can't get a plate for squat are being held to ransom?




Well you can't sell and people won't buy plates if there isn't a limit in Carlisle, but if there was one, presumably you would?

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

Well you summarily dismissed Chipper's earlier post, yet when asked to address it in detail to see what you meant you either seemed to say that you didn't know about Edinburgh or didn't really disagree with what he was saying at all? I refer to your post of 18.04 yesterday.

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

Did you read them?



Stop presuming start reading

I stated the decision is made by the LA not taxi drivers.



Carlisle was restricted and we had plates, I never sold or bought

Your presuming again, no I wouldnt, I'd hand them in once I had no use for them.

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

I think chipper never asked a question, he answered his own.

But which particular part?

Captain cab

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

Yes, and you were either just pulling my leg or trying to deny that plates have a value (which is the official NTA line, after all), in which case it's irrelevant.




Why, since your point was either a joke or not credible?



So how does this affect the proposition that drivers are being held to ransom?



There are thousands of plate in the country that are worth money, yet I'm not aware of any that are handed in when they are 'finished' with, are you?

So we can look forward to your future beatification and becoming Saint Wayne.

Alternatively, I'm inclined to disbelieve you and instead call you Captain Cartel

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

Correct, he didn't ask a question, but that wasn't the point. He made a statement which you dismissed as complete and utter tosh, and when asked to substantiate you were unable to.



All of it

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

Only partially correct. I answered thus.





Quote:
so why is it utter tosh captain cab do you think its right that someone
should pay 40k+ to drive there own taxi and its all done by the back door as
under the rules you cant transfer a plate and the councial turn a blind eye.



I will answer your question in two parts.

I don’t do Scotland, but in England you can transfer licenses provided section 49 (set out below) is complied with. One the notice has been given the council cannot refuse to register it.

Reading between the lines of the Weymouth Borough Council [R] v Teletax (Weymouth) Ltd., (1947), KB 583 case the following sentences are clearly important made by the Judge.

There is nothing in this Act which says that the vehicle may not be sold, or may only be sold with the consent of the council.

Therefore is seems to me that, by necessary implication, a person who buys a cab which has been licensed is under a duty to go to the local authority and say: “I am now the proprietor of this cab which you have licensed for a year; please enter me in the register as the proprietor, and substitute my name on the license granter in respect of the cab, in place of the name of the earlier proprietor.”


PART II, Local Government (Misc. Provisions) ACT 1976.
If the proprietor of a Hackney Carriage or of a Private Hire vehicle, in respect of SECTION 49.

TRANSFER OF HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES.

(1) which a vehicle licence has been granted by a District Council transfers his interest in the Hackney Carriage or Private Hire vehicle to a person other than the proprietor whose name is specified on the licence, he shall within fourteen days after such transfer give notice in writing, thereof, to the District Council specifying the name and address of the person to whom the Hackney Carriage or Private Hire vehicle has been transferred.

(2) If a proprietor without reasonable excuse fails to give notice to a District Council as provided by Subsection (1) of this Section he shall be guilty of an offence. [maximum penalty £1000]

SECTION 49 NOTES.
TRANSFER OF LICENCE.
Upon change of ownership of a Hackney Carriage the new owner is entitled, under Section 42 of the Town Police Clauses Act, 1847, to have his name entered on the licence and the register of licences kept under that Section. In the case of Weymouth Borough Council [R] v Teletax (Weymouth) Ltd., (1947), KB 583, it would seem, that whilst a District Council may not refuse to change the name on a licence, it may after the fourteen day period has expired refuse to reissue the licence in the new owners name upon expiry of the transferred licence if the number of licences to be issued under Section 37 of the 1847 Act has been attained.

REFUSAL OF VEHICLE LICENCE.
Norwich City Council v Thurtle and Watcham, (21st May 1981), shows that power to refuse a licence under Section 60(1)(c) of this Act can extend to a reason not connected with vehicle fitness, and that 'any reasonable cause', in Section 60(c), need not be construed ejusdem generis with grounds (a) and (b).

PROOF OF GIVING NOTICE.
A proprietor should give notice of change by obtaining a receipt for recorded delivery letter or registered post in order that he has proof that the District Council received notice, this is then held to be proof in law, (see elsewhere).

TEMPORARY REPLACEMENT OF VEHICLE.
In Diamond v Lovell, House of Lords [2001] it was found that where a vehicle is off the road due to negligence of a third party it was reasonable for the person to be supplied with a like for like vehicle. It has been implied that in the case of a licensed taxi or private hire vehicle that the local authority would not treat the owner fairly if they did not allow a replacement vehicle to be used if the original was off the road in such circumstances. Several councils do allow such temporary transfers whilst the original vehicle is repaired subject to the replacement meeting all the conditions of licence, (insurance, mechanical, MOT etc.)


With reference to the first part of your question.

My vehicle cost me £33K my plate cost me the deposit (£25) & yearly license (£125), is it right that others can go on the road for under £500? In purely financial terms my commitment is far greater than the person who is prepared to invest £500.

Your local authority in Edinburgh have decided to limit the number Hackney Carriage Proprietors licenses they issue, they will very likely be aware of the results of doing so, yet they have still chosen to follow this particular path.

It is therefore not really relevant what I actually think because the government decided that in relation to taxi licenses locals were best placed to decide.

As and when they decide to issue further licenses they may decide to use a points system, similar to what occurs elsewhere and what was approved in the Leeds City Council vs. Mellor (1993 COD 352) Court Case. Or they may decide a lottery system.

To imply a convoluted conspiracy theory (like some people suggesting) is brainless, the LA gain no possible advantage from limiting numbers of hackney carriages.

regards

Captain Cab

And then you refused to accept my answer

Captain Cab

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

Let me remind you of what Chipper said and your reply thereto:



What you've quoted above is either nothing to do with Edinburgh (as you've said yourself) or is just a very weak attempt to defend the status quo.

I don't see that it addressed Chipper's points one iota.

I mean what does it matter who decided to restrict plates - even if it's council/govt policy then that hardly addresses the point about people being held to ransom.

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

I dont agree.

The Weymouth vs. Teletax case is relevent to England, and I would suggest persuasive in Scotland.

There is nothing in this Act which says that the vehicle may not be sold, or may only be sold with the consent of the council.

Therefore is seems to me that, by necessary implication, a person who buys a cab which has been licensed is under a duty to go to the local authority and say: “I am now the proprietor of this cab which you have licensed for a year; please enter me in the register as the proprietor, and substitute my name on the license granter in respect of the cab, in place of the name of the earlier proprietor.”

So presumably this answers chippers question



I think it does matter.

People are not held to ransom, nobody is putting a gun to someones had and telling them to 'buy'.

The decision a local authority makes is usually as a result of a consultation process with all concerned parties. The elected committee then come to a decision. As you know.

The council will very likely be aware of the results of limitation, just as they will be aware of the results of delimitation.

Captain Cab

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