Taxi Driver Online

You're quite right it is all about procedure, but, if you don't follow that procedure you could lose on a technicality. A judge will only tolerate a certain level of ignorance. There's nothing wrong with representing yourself so long as you know exactly what you're doing

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

It is the first time. But you get used to it. You recognise it is just process.

Thing is, most judges help party litigants. Like they want to make sure that we see the system actually works.

In our case the trial judge helped us immensely. Within the rules of course. But he wasn't going to let our lack of understanding of procedure do us down.

The biggest laugh was when the eminent QC Kinroy said to the judge "They're trying to bankrupt my client my Lord"

Really

Thing is we'd learned to play the process.

However, in this case there is no prospect of winning a case under the CGSA except where the council has failed in the procedure. Sheriffs have no sense of morality in cases, they will not make a decision that is the council's by right, they will not step on the shoes of the political process. In this they preserve their "independent" role.

The council will trot in experts and the Sheriff will believe them.

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Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"

Why do you think that is? Surely if there is hard evidence that the expert is wrong this would produce a different result

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Your input is welcome but do you really think council solicitors are the best in the profession ? if they were the wouln't be working there ?

The first hearing was okay, the Sheriff was very helpful in explaining the procedure from that date on

The trouble I have with the using of solicitors is they probably only research your case the night before, as an individual I have plenty of time to research and compile, and hopefully go on and win, the added benefit is, I may even make the local authorities side look stupid !

Its about time council officials and councillors stooped acting in the interest of the 'trade' all the time, and instead acted in the interest of the public

Well done. Was it as daunting as you feared?

The worst part was the waiting about for my turn !

A layperson cannot speak as an expert witness. Regardless of the facts, simply, because he is not qualified to do so.

Even if you had an expert that could prove the council's evidence to be false. The council would claim they had solicited an independent professional opinion. When coming to their decision to deny your licence and acted in good faith. Any decision they make is therefore, plausible, any wrong doing on their part, deniable.

The chances are you still wouldn't be granted your licence by the courts. It might, however, be referred back to the council for further consideration. This normally means your licence would be granted but not always.

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

What you must remember is that the legal system is a commercial entity. It all comes down to time, energy, resources and money. You've got to understand the system and to use its weaknesses against itself and that of your opponent, in this case the council. You need to look at all your options and calculate ahead. You are up against a powerful opponent Braveheart, and this could be a long haul, plan on wining the War, even if you lose the odd battle.

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Only a fool would give you advice on a case they know nothing about...... but saying that... think hard before opening your mouth .... good luck....

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

I find it difficult to believe that the council would say they had solicited an independent professional opinion if they hadn't. Do you believe that the only professionals in the taxi trade are taxi drivers and therefore the only ones able to give a professional opinion?

If indeed the council evidence is questionable by another expert witness provided by the plaintiff then it is up to the court to decide who is right and who is wrong. The end result if in favour of the plaintiff should be sufficient for the plaintiff to obtain that which they seek. I'd call that a result and wouldn't care if the council denied any wrong doing. Imo the council will learn their lessons everytime it hits their pocket

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

There's nothing like showing your ignorance of how the system actually works, Toots.

Oh and Toots, believe what you like. Who am I to deny you of your illusion?

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Toots understanding appears to be reasonable.

Local Authorities are statutory animals. There is no such thing as 'good faith' within the statutes that create them. They must act within the provisions of those statutes or else they are acting ultra vires and can be sued for malfeasance, misfeasance, omission or commission.

There are no actions which an LA can take which are not governed in some way by statute.

Magna Carta 1215 was the basis of this control reinforced by countless statutes since including our own Town (Police Clauses) Act and Local Government (Miscellaneous Provisions) Act.

Many on this forum, particularly this section, seem intent on criticising others with unnecessarily strong language without checking their own facts first. An educated being would make the necessary apologies and correct another member's posts a little more diplomatically.

Another dreamer, my God, where do you people come from? You don't really believe that crap, you are spouting, do you cabbyman?

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

Cabbyman writes:



Toots, understanding is laughable and couldn't be further from the truth.

The Legal system is a commercial entity. Which turns people into commodities to be harvested by lawyers. Truth and Justice are for boy scouts.

Oh and Cabbyman, any bollocks you might want to add, only goes to show your complete ignorance of how the legal system really works.

You and Toots need to get a bed together.

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"