Taxi Driver Online

Stockport tried to do the same thing in respect of colour and the city coat of arms. They took the council to court and won, the problem with the York hackney trade is that they seem to welcome the idea.

It's all about whether the condition is necessary and reasonable and many courts have deemed such conditions unreasonable. You pay your money and take your chance.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

This thread will give you access to a number of reports relating to Stockport.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=3545

http://www.stockportexpress.co.uk/news/ ... e_box.html

http://www.stockportexpress.co.uk/news/ ... olved.html

http://www.stockportexpress.co.uk/news/ ... hreat.html

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

when was this then, do you have the case results of the won court case,. surely if Stockport won then this ruling should also apply to York, or does each LA area have to be challenged individualy

Each LA has to be challenged individually but the higher the case goes the higher authority of judicial judgment. In theory you would think that if such a case was allowed to go to the court of appeal then it would be settled law. As it stands each case is judged on what is reasonable? Of those cases that have gone to court I think most have come down in favour of the Taxi drivers.

The Stockport case was unreported but if you contact Aubrey Issacson solicitors of Prestwich Manchester I'm sure he will forward you a limited copy of the unreported ruling.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

What I can tell you is, the council won the first case at the magistrates court, and the taxi association appealed, and won in the Crown court.

The total cost to the council was £27000, which was then charged back to the licensing budget (illegally) in my view.

The Stockport drivers used one of their members as the appellant. They should be reluctant to try any further spurious "conditions".

You should try and get a copy from Aubrey Isaaacson as JD said and present your LA with a copy as a deterrent.

the details of the solicitors contacts have been passed to some driver in the York taxi association
i am led to believe they know about the case, but this case as they know about was to do with shades of colour, is this right

i asked one driver who is tasking the Council, will you be getting the details from the solicitors about this court case, answer was, it will cost to get the transcript
i give up

So am I right in thinking that these jobsworths are fighting taxi drivers with their own money?

_________________
if you cannot be yourself, then who can you be.

Erm, where do you think any council gets it's money from?

_________________
Grandad,

so they will be using PH paid in money as well then, i thought the taxi dept was self run, independant of the main council coffers, and not to make a profit, what happens to the surplus at the end of a tax year, should that not be carried over giving us all discounts on licences etc etc, a number of years ago York taxi money was being fed into the main Council coffers till it was brought to their attention

Have you never heard of the "office party"

_________________
Grandad,

I am thinking that if the L.O took on anyone and everyone in the courts, then technically they could bankrupt the L.O department.

Could they then say we are upping our costs to the taxi drivers put it right. From a personal point of view I would say no! and that they have a duty of care with the monies that run the said department.

To put this into perspective,I would have thought that any court action initiated by a council dept, should be paid for out of the councils (general) coffers.

_________________
if you cannot be yourself, then who can you be.

Plymouth seem to be very good at creative accounting, every time they lose a court case and have to pay out thousands of pounds in costs, they seem to have no shortage of funds available, on tap.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

My point was not that it is taxi money being used for court cases but the money raised from us, the council tax payers, business rate payers, license payers etc. to take any of us to court. The only other money that a council has is from the government, and where does that come from? US again as tax payers.

_________________
Grandad,