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| Taxi Drivers Awarded £5,713.55 In Costs For Refusing Btec http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=11877 |
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 12:56 pm ] |
| Post subject: | Taxi Drivers Awarded £5,713.55 In Costs For Refusing Btec |
Loughborough Cabbies In Court Victory Over Council Suspension July 23 2009 Three taxi drivers who were suspended after they refused to pay £120 to take a multiple choice test have taken Charnwood Borough Council to court and won. Charnwood Taxis drivers Zaher Zamani, Pyrarali Zamani and Martin Thornber had their licences suspended by Charnwood Borough Council for refusing to take a BTEC course after the authority made it mandatory for the authority’s 400 plus licensed drivers in February this year. Under current rules imposed by the council, all cabbies in Charnwood must pay £120 to attend 12 weeks of evening classes, which finish with a multiple choice test for a level 2 BTEC qualification. But at a hearing at Loughborough Magistrates’ Court on July 16, a judge ruled that suspending the drivers for refusing to take the course was unreasonable and ordered the council to pay the trio £5,713.55 in costs. Mr Thornber said: “The judge found there wasn’t a reasonable cause for us to be suspended. “As drivers, all we ask is that we are treated fairly by the licensing department - but we don’t feel we have been.” Zaher Zamani said: “We’re sorry that it came to this. It wasted a lot of time and taxpayers’ money for something which is not necessary. “Being experienced taxi drivers for more than 30 years, there is nothing in the course which would make us better people - the £120 would have been a waste of money.” Solicitor David Leigh, who represented the drivers, ridiculed the multiple choice questions on the course, adding: “There was an entire evening on the carriage of parcels by taxi - something that could be taught in all of 30 seconds. “One has to wonder what the council were thinking - I don’t think they bothered to even look what was being taught." “One might speculate that the only people to gain anything out of it were the course organisers.” A spokesman for Charnwood Borough Council said: “The council’s policy is for all private hire and hackney carriage drivers licence holders to obtain the BTEC prior to the renewal of their three year licence, so all new applicants have three years to obtain the qualification, and all drivers who held their licence on January 1, 2006, had until December 31, 2008, to obtain the qualification. “The council is considering the implications of this case in relation to administration of the policy but the policy itself was not questioned by the court.” * If you want to take the test yourself, follow the quiz link on the Loughborough Echo website. Source; LoughboroughEcho.net |
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 12:58 pm ] |
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The End Of The Btec / NVQ Is Nigh; Repent All You NVQ Tutor & Assessors!!! |
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| Author: | skippy41 [ Thu Jul 23, 2009 1:05 pm ] |
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What was the name of the council down south that brought this in about 18 months ago they need informing |
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 1:12 pm ] |
| Post subject: | Re: Taxi Drivers Awarded £5,713.55 In Costs For Refusing Bte |
Quote: Solicitor David Leigh, who represented the drivers, ridiculed the multiple choice questions on the course, adding: “There was an entire evening on the carriage of parcels by taxi - something that could be taught in all of 30 seconds.  Quote: “One has to wonder what the council were thinking - I don’t think they bothered to even look what was being taught."  Quote: “One might speculate that the only people to gain anything out of it were the course organisers.”
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| Author: | wannabeeahack [ Thu Jul 23, 2009 1:36 pm ] |
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If Charnwood council dont appeal (and win) does this constitute "case law"? |
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 1:36 pm ] |
| Post subject: | Re: Taxi Drivers Awarded £5,713.55 In Costs For Refusing Bte |
Quote: * If you want to take the test yourself, follow the quiz link on the Loughborough Echo website.
This link is; http://www.loughboroughecho.net/news/ and click on QuizLink on the extreme left towards the top of the page. The answer to question 4 is WRONG!!! |
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| Author: | wannabeeahack [ Thu Jul 23, 2009 1:43 pm ] |
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It is permissible for a taxi driver to charge more than the meter fare shown: 1. at no time 2. after midnight on Fridays and Saturdays 3. when driving in very heavy traffic 4. when the passenger has a very wet guide dog |
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| Author: | skippy41 [ Thu Jul 23, 2009 1:43 pm ] |
| Post subject: | Re: Taxi Drivers Awarded £5,713.55 In Costs For Refusing Bte |
Brummie Cabbie wrote: Quote: * If you want to take the test yourself, follow the quiz link on the Loughborough Echo website. This link is; http://www.loughboroughecho.net/news/ and click on QuizLink on the extreme left towards the top of the page. The answer to question 4 is WRONG!!! Got 5 out of 5 can i have my badge now 
How is q4 wrong you cannot charge more than whats shown on the meter, unless the punter is ill or makes a mess and these charges are shown on the tariff sheet |
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 1:47 pm ] |
| Post subject: | Re: Taxi Drivers Awarded £5,713.55 In Costs For Refusing Bte |
skippy41 wrote: Brummie Cabbie wrote: Quote: * If you want to take the test yourself, follow the quiz link on the Loughborough Echo website. This link is; http://www.loughboroughecho.net/news/ and click on QuizLink on the extreme left towards the top of the page. The answer to question 4 is WRONG!!! Got 5 out of 5 can i have my badge now How is q4 wrong you cannot charge more than whats shown on the meter, unless the punter is ill or makes a mess and these charges are shown on the tariff sheet If you accept a hiring to a destination outside your licensed area, & you are NOT obliged to do so, you may agree a fare or rate of fare with the hirer, PRIOR TO COMMENCING THE HIRING. If you don't agree the fare prior to commencing the hiring, then you cannot charge more than the metered fare. So the answer 'at no time' is WRONG!!! |
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| Author: | skippy41 [ Thu Jul 23, 2009 1:52 pm ] |
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So within your area was missed out 
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 2:05 pm ] |
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skippy41 wrote: So within your area was missed out
If 'within your licensed area' had been in the wording of the question then the right answer would have been 'at no time'. But it goes farther than that!! In early Btec study booklets, & I have been advised that the NVQ study booklets have corrected this (but I have my doubts), the text was quite adamant that you could only charge metered fare, & no more, for hirings terminating outside your licensed area, which is against the wording of the legislation. Why would the wording of the legislation say that unless you agree a fare or rate of fare with the hirer, PRIOR TO COMMENCING THE HIRING, then you cannot charge more than the metered fare. |
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| Author: | Brummie Cabbie [ Thu Jul 23, 2009 2:07 pm ] |
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wannabeeahack wrote: If Charnwood council dont appeal (and win) does this constitute "case law"?
No; it's Magistarates Court. I believe case law starts at Crown Court & above. |
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| Author: | cabbyman [ Thu Jul 23, 2009 3:16 pm ] |
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Case law is High Court and above, that be the appelant court from the county court. Thereafter, you have Appeal Court, House of Lords and European Courts. The County Court decisions may 'influence' those of other courts but they are not binding. |
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| Author: | wannabeeahack [ Thu Jul 23, 2009 3:41 pm ] |
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if those are the genuine Btec questions then it raises the question "what do officals consider the average cabbi IQ to be, higher or lower than his hat size?" |
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| Author: | Nigel [ Thu Jul 23, 2009 4:00 pm ] |
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Well done to the cabbies for making a stand against this stupid course, lets hope there's more of this to come. 
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