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PostPosted: Sun Jul 30, 2006 2:47 am 
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Now, if you had been a member of the GMBPDB, we would have castrated the licensing board in question, paid for Michael Mansell, and then created a republic around your county!

Yes Brothers, rise I tell you, Rise!. . . . . tel 07655 4............ :wink:


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PostPosted: Sun Jul 30, 2006 11:10 am 
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funny you should say that, I am a member of the GMB. Whats that no. in full?


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PostPosted: Sun Jul 30, 2006 1:27 pm 
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INCOMPLETELY wrote:
Drivers license lapsed, since they never sent me out the form.


The wisest thing to do if anyone doesn't receive their renewal application is to phone the licensing department and inform them you haven't received it. If you do nothing at all and let it lapse then don't assume the council will automatically renew it out of time. Many councils will demand you make a fresh application and re-sit your knowledge test.

If that is indeed what happened then I'm surprised you let it get that far.

Your problem now is convincing a court that on the basis of your misdemeanour councillors were wrong to revoke your license.

You are going to have to convince the court why you are a "fit and proper" person and that the offence in question was isolated, out of character and came about through a highly charged domestic incident resulting in extreme provocation.

It may help if you research from this website every case and article we have, regarding the many different decisions in respect of suspension and revocation of a license. At least then you may be in a position to understand what is required in a court of law to convince the bench that councillors were wrong and that other remedies were available to them, which they could have considered but failed to do so.

Drawing a comparison with successful appeals may stand you in good stead, I hope your legal representative is up to the task of reminding the court that taking away a persons livelihood is a serious matter and should only be contemplated where the travelling public are at great risk from the license holder.

The council has deemed you unfit to drive passengers but in court they will have to prove why you are also unfit to hold an operators license?

Possessing an operators license does not require you to come into contact with the paying public. If in the past you have conducted your business on an exemplary basis there should be no obvious reason for the council to revoke that license, especially on the basis of an incident that is not connected to the license in question. See the successful court appeal of the Plymouth private hire operator, last year.

All in all you have an opportunity to regain your license, it's up to you to convince the court that you are a "fit and proper" person and the council decision was wrong.

There's not a lot more to be said.

Regards

JD


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PostPosted: Sun Jul 30, 2006 9:23 pm 
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Quote:
funny you should say that, I am a member of the GMB. Whats that no. in full?


Strange tact to take, being a GMB member and not contacting them. :shock:

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PostPosted: Mon Jul 31, 2006 12:22 am 
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captain cab wrote:
Quote:
funny you should say that, I am a member of the GMB. Whats that no. in full?


Strange tact to take, being a GMB member and not contacting them. :shock:


I have contacted them, I never meant to mislead anybody as regards this.
The only thing I mentioned was my solicitor who had advised me before the hearing.
Got some people to chase up in the morning, will keep you's posted on this.


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PostPosted: Mon Jul 31, 2006 12:24 am 
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JD wrote:
INCOMPLETELY wrote:
Drivers license lapsed, since they never sent me out the form.


The wisest thing to do if anyone doesn't receive their renewal application is to phone the licensing department and inform them you haven't received it. If you do nothing at all and let it lapse then don't assume the council will automatically renew it out of time. Many councils will demand you make a fresh application and re-sit your knowledge test.

If that is indeed what happened then I'm surprised you let it get that far.

Your problem now is convincing a court that on the basis of your misdemeanour councillors were wrong to revoke your license.

You are going to have to convince the court why you are a "fit and proper" person and that the offence in question was isolated, out of character and came about through a highly charged domestic incident resulting in extreme provocation.

It may help if you research from this website every case and article we have, regarding the many different decisions in respect of suspension and revocation of a license. At least then you may be in a position to understand what is required in a court of law to convince the bench that councillors were wrong and that other remedies were available to them, which they could have considered but failed to do so.

Drawing a comparison with successful appeals may stand you in good stead, I hope your legal representative is up to the task of reminding the court that taking away a persons livelihood is a serious matter and should only be contemplated where the travelling public are at great risk from the license holder.

The council has deemed you unfit to drive passengers but in court they will have to prove why you are also unfit to hold an operators license?

Possessing an operators license does not require you to come into contact with the paying public. If in the past you have conducted your business on an exemplary basis there should be no obvious reason for the council to revoke that license, especially on the basis of an incident that is not connected to the license in question. See the successful court appeal of the Plymouth private hire operator, last year.

All in all you have an opportunity to regain your license, it's up to you to convince the court that you are a "fit and proper" person and the council decision was wrong.

There's not a lot more to be said.

Regards

JD


Thanks for that good advice, thats basically the line I am taking.


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PostPosted: Mon Jul 31, 2006 2:23 am 
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captain cab wrote:
Quote:
funny you should say that, I am a member of the GMB. Whats that no. in full?


Strange tact to take, being a GMB member and not contacting them. :shock:


Would you? Considering what the former IRA supporter types on here? :?


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PostPosted: Mon Jul 31, 2006 9:06 am 
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Quote:
I have contacted them, I never meant to mislead anybody as regards this.
The only thing I mentioned was my solicitor who had advised me before the hearing.
Got some people to chase up in the morning, will keep you's posted on this.


Thanks you for clearing that up.

Quote:
Would you? Considering what the former IRA supporter types on here?


:lol:

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 Post subject:
PostPosted: Mon Jul 31, 2006 11:14 am 
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Possessing an operators license does not require you to come into contact with the paying public. If in the past you have conducted your business on an exemplary basis there should be no obvious reason for the council to revoke that license, especially on the basis of an incident that is not connected to the license in question. See the successful court appeal of the Plymouth private hire operator, last year.

Do you have a link for the appeal for the Plymouth private hire operator?


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 Post subject:
PostPosted: Mon Jul 31, 2006 11:15 am 
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Possessing an operators license does not require you to come into contact with the paying public. If in the past you have conducted your business on an exemplary basis there should be no obvious reason for the council to revoke that license, especially on the basis of an incident that is not connected to the license in question. See the successful court appeal of the Plymouth private hire operator, last year.

Do you have a link for the appeal for the Plymouth private hire operator?


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 Post subject:
PostPosted: Mon Jul 31, 2006 8:16 pm 
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INCOMPLETELY wrote:
Possessing an operators license does not require you to come into contact with the paying public. If in the past you have conducted your business on an exemplary basis there should be no obvious reason for the council to revoke that license, especially on the basis of an incident that is not connected to the license in question. See the successful court appeal of the Plymouth private hire operator, last year.

Do you have a link for the appeal for the Plymouth private hire operator?


If you're in Scotland here's a case you may wish to look at, it has several case references.

The background relates to two types of licenses, one type of license was revoked, the other was allowed. It proves that not being fit and proper for
one type license, does not exclude you from being fit and proper for a different type of license?

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=3812

I have resurrected the Plymouth case, which you can probably see from recent postings. The Plymouth case was stopped by the Judge, having been only part heard. The reason being the council had no earthly chance of success. I can't find any official report of proceedings so you're going to have to take note of the press notations.

Regards

JD


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PostPosted: Tue Aug 08, 2006 1:49 am 
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Here's a case from Dundee that didn't go in favour of the applicant.

http://www.bailii.org/cgi-bin/markup.cg ... 0/189.html

Regards

JD


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PostPosted: Sun Sep 16, 2007 11:56 pm 
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took a bit....but back on the road, with expenses against council.


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 Post subject:
PostPosted: Mon Sep 17, 2007 1:13 pm 
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INCOMPLETELY wrote:
took a bit....but back on the road, with expenses against council.


Please explain what you did to get back on the road.


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PostPosted: Mon Sep 17, 2007 4:38 pm 
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INCOMPLETELY wrote:
took a bit....but back on the road, with expenses against council.

When was it decided and what costs did the council have to pay out? :?

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