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York Court Case of Mr Browne
http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=10729
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Author:  happy cabs [ Thu Feb 12, 2009 10:08 pm ]
Post subject:  York Court Case of Mr Browne

Very interesting, I went along and thought it would be a walk over with the Council winning ouright having spent the day observing everything now I an not so sure, the final judgement will be made in March, I am not sure which way it will go.

Author:  Sussex [ Thu Feb 12, 2009 10:14 pm ]
Post subject:  Re: York Court Case of Mr Browne

happy cabs wrote:
Very interesting, I went along and thought it would be a walk over with the Council winning ouright having spent the day observing everything now I an not so sure, the final judgement will be made in March, I am not sure which way it will go.

Which side did the judge ask the hardest question to? :?

Author:  JD [ Thu Feb 12, 2009 11:57 pm ]
Post subject: 

Well good luck to the guy, I hope he is successful. Did he acquit himself well?

Regards

JD

Author:  captain cab [ Fri Feb 13, 2009 7:01 pm ]
Post subject: 

If it was magistrates why the wait till March for a decision?

CC

Author:  JD [ Fri Feb 13, 2009 7:06 pm ]
Post subject: 

captain cab wrote:
If it was magistrates why the wait till March for a decision?

CC


I forgot what the applicaqtion was? Was it an appeal against the refusal to renew a hackney carriage vehicle license? or something else?

Regards

JD

Author:  captain cab [ Fri Feb 13, 2009 7:07 pm ]
Post subject: 

JD wrote:

I forgot what the applicaqtion was? Was it an appeal against the refusal to renew a hackney carriage vehicle license? or something else?

Regards

JD


I dont think you've forgot, I dont think its been mentioned.

regards

CC

Author:  Sussex [ Fri Feb 13, 2009 7:15 pm ]
Post subject: 

captain cab wrote:
If it was magistrates why the wait till March for a decision?

Can't have been a JP or DJ.

Author:  captain cab [ Fri Feb 13, 2009 7:17 pm ]
Post subject: 

Sussex wrote:
Can't have been a JP or DJ.


Then why do the preliminaries without them?

CC

Author:  gusmac [ Sat Feb 14, 2009 1:19 am ]
Post subject: 

JD wrote:
captain cab wrote:
If it was magistrates why the wait till March for a decision?

CC


I forgot what the applicaqtion was? Was it an appeal against the refusal to renew a hackney carriage vehicle license? or something else?

Regards

JD


http://taxi-driver.co.uk/phpBB2/viewtop ... sc&start=0

Author:  captain cab [ Sat Feb 14, 2009 11:31 pm ]
Post subject: 

It doesnt say an awful lot Gusmac......if he was refused renewal of a HC license then I think that is a Crown Court thing.......appealing against conditions can be magistrates.....I think.

CC

Author:  gusmac [ Sun Feb 15, 2009 6:52 am ]
Post subject: 

I thought he was challenging the uniform colour scheme and maximum age conditions? Did his council refuse his renewal?

Author:  JD [ Sun Feb 15, 2009 1:33 pm ]
Post subject: 

gusmac wrote:


It would appear the application is based on section 47 of the 1976 act. Attaching conditions to a hackney carriage license.

47 Licensing of hackney carriages

(1) A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

(2) Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.

(3) Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court.
_______________________

One thing that has me somewhat confused is the time window of an appeal under this section. Normally an appeal for most sections has a 21 day limit excepting for judicial review which has a three month window. It would be interesting to know when the condition was attached and when Mr Brown first appealed?

Regards

JD

Author:  the thinker [ Sun Feb 15, 2009 1:51 pm ]
Post subject: 

The basis of this appeal goes back some time, as said earlier Mr.Brown has a W reg, volkswagon which originally had 7 seats, when he was charging fare and a half he was told by the council this was illegal his defence to this was "private hire do it why can't hackneys" so as also said begore he took out 3 seats and now is anti council everything, he did lodge the appeal within the 21 days and then did nothing for almost 2 years, his beef is with the age limit, he thinks his shed is fit to go on for ever, he fell out with most people due to his refusal to take people short distances, and refused to accept any advice, now he is looking for funding, at this time 70% of the fleet has already accepted the colour and age limit and have already changed over, the district judge who heard the case will deliver a verdict on March 6th.

Author:  JD [ Sun Feb 15, 2009 1:56 pm ]
Post subject: 

Thank you for that info thinker, it has certainly filled in the gaps.

Regards

JD

Author:  captain cab [ Mon Feb 16, 2009 12:10 am ]
Post subject: 

the thinker wrote:
The basis of this appeal goes back some time, as said earlier Mr.Brown has a W reg, volkswagon which originally had 7 seats, when he was charging fare and a half he was told by the council this was illegal his defence to this was "private hire do it why can't hackneys" so as also said begore he took out 3 seats and now is anti council everything, he did lodge the appeal within the 21 days and then did nothing for almost 2 years, his beef is with the age limit, he thinks his shed is fit to go on for ever, he fell out with most people due to his refusal to take people short distances, and refused to accept any advice, now he is looking for funding, at this time 70% of the fleet has already accepted the colour and age limit and have already changed over, the district judge who heard the case will deliver a verdict on March 6th.


You seem to be a tad bitter.....not your usual self :?

CC

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