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PostPosted: Sun Apr 06, 2008 3:39 pm 
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Advice from LO's should be correct Suspect me auld pal ................... maybe its time that a qualification requirement was imposed on them.

B. Lucky :D

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PostPosted: Sun Apr 06, 2008 5:25 pm 
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Sussex wrote:
GA wrote:
The meter should be started at the commencement of the journey and then stopped at the end of the hiring.

According to our council.

Then your council is wrong. :?


My council say the same.

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PostPosted: Sun Apr 06, 2008 5:50 pm 
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grandad wrote:
My council say the same.

So if you have a radio job (as a hackney carriage) and the punter keeps you waiting 10/15/20 minutes, you have to give them that for free? :?

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PostPosted: Sun Apr 06, 2008 6:28 pm 
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From a public hire the time to start your taxi meter is when the passenger gets in your cab.

The time to stop your taximeter is when the passenger is ready to pay the fare. If they are not ready to pay the fare for whatever reason then you keep the meter running until they are.

In respect of a Private hire, ask before you start the meter, alternately tell them you are going to start the meter within a specific period of time.

A licensing officer cannot tell you when to start or stop the meter other than what I have stated for public hire.

In respect of private hire I suggest you play it by ear.

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JD

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PostPosted: Sun Apr 06, 2008 6:56 pm 
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Take note of the word "contract".

Section 67 Hackney carriages used for private hire (1) No hackney carriage shall be used in the district under "contract" or "purported contract" for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or table mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the "hirer commences his journey".

(2) Any person who knowingly contravenes this section shall be guilty of an offence.

(3) In subsection (1) of this section "contract" means—

(a) a contract made otherwise than while the relevant hackney carriage is
plying for hire in the district or waiting at a place in the district which,
when the contract is made, is a stand for hackney carriages appointed
by the district council under section 63 of this Act; and

(b) a contract made, otherwise than with or through the driver of
the relevant hackney carriage, while it is so plying or waiting.


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Therefore it is up to you or the firm you work for to establish the terms of the contract and not any licensing officer. The laws which Govern you in respect of fares are written in plain English and as long as you take those laws into account when exercising your terms of contract then you won't fall foul of the law.

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JD

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PostPosted: Sun Apr 06, 2008 7:08 pm 
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It would appear that all the berwick hackneys working in newcastle are over charging then.


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PostPosted: Sun Apr 06, 2008 7:16 pm 
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mancityfan wrote:
It would appear that all the berwick hackneys working in newcastle are over charging then.


Why evidence do you have of that?

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JD

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PostPosted: Sun Apr 06, 2008 7:24 pm 
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I don`t have evidence, but if you are saying that a hackney can`t charge more than the metered fare,and with berwicks hackney rates being low, i would assume they are over charging,perhaps our friends in newcastle will tell us


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PostPosted: Sun Apr 06, 2008 7:28 pm 
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mancityfan wrote:
I don`t have evidence, but if you are saying that a hackney can`t charge more than the metered fare,and with berwicks hackney rates being low, i would assume they are over charging,perhaps our friends in newcastle will tell us


I never said a hackney can charge more than the metered fare.

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JD

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PostPosted: Sun Apr 06, 2008 7:47 pm 
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I didn`t say you did,but i interpret what you posted (Section 67 Hackney carriages used for private hire (1) No hackney carriage shall be used in the district under "contract" or "purported contract" for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or table mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the "hirer commences his journey". )I believe that means a hackney can`t charge more than the metered fare.So if a Berwick Hack is used in Newcastle i would assume that he is charging more than the fares laid down by Berwick.Berwick flag is £1.50,1mile is £2.60,2miles is £3.80.Newcastle flag is £2.20,1mile is £3.80,2 mile is £5.40.


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PostPosted: Sun Apr 06, 2008 8:02 pm 
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mancityfan wrote:
So if a Berwick Hack is used in Newcastle i would assume that he is charging more than the fares laid down by Berwick.Berwick flag is £1.50,1mile is £2.60,2miles is £3.80.Newcastle flag is £2.20,1mile is £3.80,2 mile is £5.40.


That is precisely why I asked you what evidence you had for suggesting Berwick hacks are charging more than the metered fare? You say you "assume" they are charging more but in reality you don't know.

Under normal circumstances if anyone charges more than the meter fare then they are breaking the law. There will always be certain occasions when a contract demands more than the normal fare.

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JD

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PostPosted: Sun Apr 06, 2008 8:04 pm 
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so if a berwick hack does a 2 mile fare in newcastle and charges £5.40,then he has over charged,because he can only charge £3.80 if you get my jist.


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PostPosted: Sun Apr 06, 2008 8:09 pm 
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you are quite right i don`t know so i will leave it to the Newcastle enforcement officer to decide, after all its his job.But i bet there is somebody on here that does know.


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PostPosted: Sun Apr 06, 2008 8:11 pm 
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mancityfan wrote:
so if a berwick hack does a 2 mile fare in newcastle and charges £5.40,then he has over charged,because he can only charge £3.80 if you get my jist.


I get your jist. Under normal conditions of hire a hackney carriage can only charge whats on the meter. Regardless of where they are licensed.

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JD

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PostPosted: Fri Apr 11, 2008 10:53 am 
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JD wrote:
I've always been of the opinion that contract law would play a great part in offences that centred around fares. Surprisingly I haven't come across a case that specifically used contract law as a defence against the accusation of overcharging or agreeing a fare?

Regards

JD


Some time ago I was sent to pick up a client at an out of town hotel because the locals were all busy.
The fare was quoted at about £14, to the clerk who made the booking, who said he confirmed with the customer that this was fine as he just wanted to get home.
When I dropped him off after about 4 miles he had apoplexy but paid when I explained things to him.

My PH company then got a summons to the Small Claims Court.
The complainant didn't turn up and the case was dismissed.

Must have cost him a few extra bob to launch his challenge though. Maybe his mates told him he was wasting his time? Who knows.

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