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PostPosted: Mon Dec 04, 2006 11:31 am 
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jasbar wrote:
No CC, I'm referring to the disciplinary process.

Here in Scotland, councils use the means of suspension of licence as a punishment. This is not provided for in the legislation, which allows councils to determine that a licence holder is not a fit and proper person to hold a licence. I have no objection to this.

However this is used by councils to pass myriad sentences of suspension on licence holders as a temporary punishment. There is not only no provision for this in legislation, there is no table of sentences, and no right of appeal within the process. This is a breach of natural justice.

because no one has hitherto challenged the councils in their interpretation of the law, they have ridden roughshod over the trade, knowing full well that the only recourse was through the courts. Of course, who could afford to do this. Most felt it was better to take the punishment rather than incur the huge course in defending oneself. This is the way our councils operate. This is democracy in action?

When the plate issue is resolved, this is next.

The message to the council, all councils, is, you're time is up. You will behave responsibly. You will stop treating taxi licensing as your own persoanl fiefdom. You will be held to account for your actions.


I think the best argument used in England against the use of suspensions as a punishment against licensees is the fact that the council decision has to be upon the fitness and propriety of the person in front of them.

Is it seriously suggested a one or two week suspension will result in the licensee being a reformed character upon his return?

Of course down here in Gods country we are able to appeal the decision of the council to a magistrates court.

One example in Carlisle during 2005 / 06 was a driver was suspended for a period of time by the council, this was during late October. He waited until the last minute to put his appeal to magistrates (21 days after the initial hearing with the council). And the case wasnt subsequently heard in Magistrates until April 06. Where the initial decision of the council was overturned.

I dont see how your appeal for a taxi license is going to change this system you have in Scotland though.

CC

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PostPosted: Mon Dec 04, 2006 12:49 pm 
No this appeal won't change things. It will require a separate campaign.

The law is fundamentally flawed and breaches human rights. It was written long before human rights legislation, and long before free market principles became the norm.

Even were we to lose this appeal, which we won't, the matter would be taken back to the courts using competition law, both uk and european, and human rights legislation. It would be a long protracted process, a continual war of attrition for the council which would appear to the voting public to be Goliath trying to slap down David.

The problem with magistrates courts' appeals is that they are prohibitively expensive. Most cabbies couldn't articulate their own case and would need to hire a "gun" to do it for them.

Councils know this so they base their "sentences" at a level which makes it not worth it to do so. Better to just swallow it and get on with life, your ego dented a wee bit.

But this is wrong. The skull was effectively fined over three grand by this kangaroo court system for a misdemeanour which was dealt with by the courts with a nominal £150 fine. He was effectively punished twice, with the council beating him with a bigger stick than the court. How can this be right?

Interestingly a criminal restaurateur who reset thousands of pounds of stolen alcohol, and was jailed for six months, was allowed to retain his licence because he had a former Lord Provost of Edinburgh, Eric "laughing boy" Milligan to speak for him. The corrupt Labour councillors on the Licensing Board voted to let him stay in business.

Anomalies like this highlight the injustice, and the glaring need to pursue justice.


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PostPosted: Mon Dec 04, 2006 1:45 pm 
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jasbar wrote:

The problem with magistrates courts' appeals is that they are prohibitively expensive. Most cabbies couldn't articulate their own case and would need to hire a "gun" to do it for them.

Councils know this so they base their "sentences" at a level which makes it not worth it to do so. Better to just swallow it and get on with life, your ego dented a wee bit.

But this is wrong. The skull was effectively fined over three grand by this kangaroo court system for a misdemeanour which was dealt with by the courts with a nominal £150 fine. He was effectively punished twice, with the council beating him with a bigger stick than the court. How can this be right?

Interestingly a criminal restaurateur who reset thousands of pounds of stolen alcohol, and was jailed for six months, was allowed to retain his licence because he had a former Lord Provost of Edinburgh, Eric "laughing boy" Milligan to speak for him. The corrupt Labour councillors on the Licensing Board voted to let him stay in business.

Anomalies like this highlight the injustice, and the glaring need to pursue justice.


There not expensive if you win and get costs.

I tend to believe if you have a decent local association these appeals dont cost too much as invariably it is paid for via the association funds, some associations have insurance to cover costs.

CC

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PostPosted: Mon Dec 04, 2006 3:46 pm 
Unfortunately CC the existence of an Association implies some maturity and common bond within the trade.

Doesn't exist here. The weakness of the taxi trade here has been the every man for himself mentality and the forelock tugging so as not to upset the council, in case they become upset and dig you out.

I can't see any realistic potential for the trade to band together. I know, because I tried it, and failed.

So it's down to individuals to take on council injustice and batter them into humiliation and defeat, by bludgeoning them with whatever advantage you can glean from their laziness and incompetence. Flawed consultation surveys, demand surveys, or lack of them, being cases in point.

My application can either be granted or refused.

If granted, then there can be no clearer statement that there is a demand for taxis. In the absence of real quality information, no other licence application could be refused.

However, it would be a somewhat pyhhric victory for the council given they would rob us of the potential to interrogate those cllrs and other unelected officials under oath in the court.

If refused on the basis that there is no significant demand for more taxis, then it's all systems go for the court case. The Jacob survey comes under scrutiny and it WILL be ripped apart. Even if the council could cobble together surveys since Jacob, it is the bedrock upon which their refusal to grant is based. It falls, the whole deck of cards comes tumbling down, all licence applications would need to be granted. This is my preferred option to resolve the matter once and for all.

If they refuse on any other personal reason, my not being fit and proper for example, then the application was made in the name of a limited liability partnership. I withdraw from it and the application stands. In any case another application would immediately come forward and we would be back to the same strategy.

It's worth mentioning however that this is not about Jim Taylor's licence application, it's about full de-restriction of the trade along the lines of the London Model. The council is about to launch its new taxi draft action plan, its recipe for the way forward. I reckon this was designed to be kicked about committees until after the elections in May. My application has brought the whole issue into focus to maximise the potential political damage prior to those elections. For all those elected officials involved, my application ensures that there is no hiding place, they will be held to account.

Its also about ensuring that the 41 applications which were rejected based on Jacobs' survey, including those applicants who were "coerced" into taking back £550 of their application fee. Our demand is for all these applications to be immediately reinstated and granted.

There is also the matter of the interested parties list. Notwithstanding that this list is not provided for under the law, our demand is for all those who are on the list, some of whom have been waiting in good faith for 15 years, should have their licences granted.

As you can see CC, this is a pile of Sh-t. The problems endured by the council are entirely of their own making. They have been brought about by the council's ducking, diving and political chicanery, all to serve the maintainance of the the shortage of licence plates, the high plate values, consequent high rentals and higher tariffs.

This has resulted in the commercial advantage of the private hire interests which have enjoyed a sustained period of being able to respond to market demands for more vehicles before the hackney trade can even get out of the traps' because of the convoluted consultations required, and which has seen PH eat into hackney's market share as its dominant numerical presence has diminished.

There's never been a better time for drivers to apply for the taxi licence which would allow them to control their own work environment.


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PostPosted: Tue Dec 05, 2006 6:19 pm 
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Hi Guys guess who's back in town 8)


Don't you get the feeling some people just never give up? :lol:

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PostPosted: Tue Dec 05, 2006 6:24 pm 
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Skull wrote:
Hi Guys guess who's back in town 8)


Don't you get the feeling some people just never give up? :lol:

I thought you had given up for a job in radio broadcasting. :lol: :lol:

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PostPosted: Tue Dec 05, 2006 6:35 pm 
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Sussex wrote:
Skull wrote:
Hi Guys guess who's back in town 8)


Don't you get the feeling some people just never give up? :lol:

I thought you had given up for a job in radio broadcasting. :lol: :lol:


Just one of my many talents :lol: hope you enjoyed the show.


It's only a pity the council failed to appear, we would have enjoyed ripping them to pieces but I think they already knew that.

I'd given Councillor Wigglesworth both barrels on more than one occasion up at the council - we had a sneaking suspicion they might not take us on.

Although he might not get so lucky in the future - here's hoping :D

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PostPosted: Wed Dec 06, 2006 1:54 pm 
Welcome back Skull.

Erudite, strategician (does this word exist? - it does now), and cutting straight to the nub of the argument - no messing or faffing about, this is what you bring to the campaign.

Welcome back indeed.

Meanwhile, I have had a message left on my answering machine from a George Bracken, December 1st at 9.33 pm.

Seems Mr Bracken would like to discuss the matter with me and find out, "What's your idea behind it?". He says, " Lots of people are unhappy about it, people are paying £40-45,000 for plates and you're trying to get one for free". He then said he would fone back "... and we can sort something out".

This raises a number of things.

Why on earth would I want to discuss anything with Mr Bracken? I've never heard of him before. What can there possibly be to "sort out"? And, wasn't he so interested that he hasn't bothered to call back. Why?

He tells me lots of people are unhappy about me "trying" to get a plate for free while others have paid a ridiculous sum of money for their plate. Sorry George, I have absolutely no sympathy.

The plate I have applied for is NOT free. I have paid a £700 licence fee. I also consider that after 15years in this trade I deserve the right, if I choose, to operate my own vehicle. I have paid enough out on rentals to have earned that right. A right incidentally which is enjoyed in 70% of local authorities throughout the UK, Aberdeen being the latest in Scotland.

As for the idiots who have shelled out a ridiculous sum of money to bypass the system, remember plates are supposed to not be transerrable under the Act, I have absolutely no sympathy for them, they reap what they sowed.

No one should have spent such a large sum of money without doing a proper SWOT analysis to highlight the strengths, weaknesses, opportunities and threats associated with the venture. This should have then been placed before the agent lending any money to pay for the buy-in.

If you haven't done this, then it is your own fault. By the way, claiming ignorance is no excuse.

If you did, and you failed to see the campaign I have waged for around three years on this, but extremely actively over the last 18 months, which was well publicised both on this forum and the "dandy" forum in Edinburgh, then once again it is entirely your own fault. No sympathy from me. Even if you weren't directly aware, large proportions of the trade most certainly were, evidenced by the flak coming my way over this time. If you had bothered to ask around, do even basic research, you too would have been aware of what's been happening.

Perhaps George you should really be making your complaint to those who purport to represent the trade, represent you, and consistently failed to appraise the trade, and you, about what was happening.

Perhaps it is pertinent to point out that key members of the governing committees in various radio companies, long established members of the trade, have in this time been selling their plates. They got out early while not allowing others the same route.

The problem with buy-ins is that there are those in our trade who know what's happening and are prepared to sell to any sucker who has failed to do his homework. If you were persuaded by a big mouthed cabby to buy in because it is a licence to print money, because he brags he is making fortunes, then you are the foolish one for being conned. Do I blame cabbies for offloading a turkey? Not really. This is a big boy's world. You want to be a big boy, you gotta take the precautions necessary to protect yourself in the big boy's jungle.


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PostPosted: Wed Dec 06, 2006 3:10 pm 
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Poor old George another numpty that bought into the illusion of taxi owner.

Well George me thinks you are going to wake-up soon.

And some say the Skull has no heart :lol:

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PostPosted: Wed Dec 06, 2006 3:37 pm 
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Skull wrote:
Hi Guys guess who's back in town 8)


Don't you get the feeling some people just never give up? :lol:


Welcome back Gary, I hope everything is fine with you?

Regards

Jd


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PostPosted: Wed Dec 06, 2006 4:15 pm 
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JD wrote:
Skull wrote:
Hi Guys guess who's back in town 8)


Don't you get the feeling some people just never give up? :lol:


Welcome back Gary, I hope everything is fine with you?

Regards

Jd



Yes, thanks JD .


Time to even old scores :wink:

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