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Judge tells Wisbech council to act proportionately.
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Author:  Sussex [ Wed Jun 09, 2010 6:37 pm ]
Post subject:  Judge tells Wisbech council to act proportionately.
Taxi driver wins appeal to keep her licence after Judge makes a ruling

WISBECH taxi driver Karen Chapman has won an appeal to keep her hackney carriage driver's licence. Ms Chapman - who has been driving taxis for 12 years - was refused a new licence when Fenland District Council discovered she had failed to declare points put on her driving record by a court last year.

When she applied for her licence to be renewed, Ms Chapman had circled the word "No" when asked if she had any criminal convictions - but she did submit her driving licence that clearly showed she had six points.

Appearing before District Judge Ken Sheraton sitting at Wisbech Magistrates' Court on Tuesday, Ms Chapman, of Outwell admitted she had made a false declaration on the application form. At the time she made the application, Ms Chapman's son was in hospital; she was looking after her disabled mother and her other children, and was working.

She said: "I really didn't do any of this intentionally." The points were put on her licence for an offence of failing to name a driver who committed a speeding offence.

Solicitor Steve McGregor said: "My client has been careless in the way she dealt with the paperwork. But I submit that carelessness should not disqualify her from holding a hackney carriage drivers licence, because that would be a disproportionate penalty for what she has done. She filled the form in wrongly, rather intending to deceive."

Licensing officer Kim Winterton said there had been no problems with Ms Chapman's driving; but her original licence had required her to disclose any court convictions.

The Judge said: "It was a serious case of carelessness, bearing in mind that she should have told the licensing committee back in March 2009 when she got an endorsement, and again failed to notify the authority when she completed her application.

"I then look to the proportionality of withholding a licence and livelihood from someone with previously no problems. It would not be proportionate to withhold the licence.
Author:  Sussex [ Wed Jun 09, 2010 6:39 pm ]
Post subject:  Re: Judge tells Wisbech council to act proportionately.
Sussex wrote:
"I then look to the proportionality of withholding a licence and livelihood from someone with previously no problems. It would not be proportionate to withhold the licence.

Indeed. =D> =D> =D> =D> =D>
Author:  edders23 [ Wed Jun 09, 2010 6:43 pm ]
Post subject: 
hmmmm if she has been renewing her license every year for 12 years then she should have known how to fill out her form but surely an interview by the licensing officer or council committee would have sorted it out rather than it have to go to court
Author:  toots [ Wed Jun 09, 2010 9:29 pm ]
Post subject: 
Is it not possible for the DVLA to notify the council if points are put on drivers licences automatically. That why nobody would be mis-informed and drivers would not have to remember to pay attention when filling in forms
Author:  Brummie Cabbie [ Thu Jun 10, 2010 11:52 am ]
Post subject: 
Quote:
When she applied for her licence to be renewed, Ms Chapman had circled the word "No" when asked if she had any criminal convictions - but she did submit her driving licence that clearly showed she had six points.

Since when are points on a DVLA Driver Licence a criminal conviction?
Author:  Sussex [ Thu Jun 10, 2010 6:05 pm ]
Post subject: 
Brummie Cabbie wrote:
Since when are points on a DVLA Driver Licence a criminal conviction?

Never.
Author:  cabbyman [ Thu Jun 10, 2010 7:36 pm ]
Post subject: 
I often wonder. I have NEVER been convicted in court of a motoring offence. However, I have, on occasions, accepted a conditional offer of fixed penalty; ie, If I accept that they are right and pay £60 and take 3 points, they won't risk taking me to court!!

My application asks for details of 'convictions.' I could say none if I wanted a fight!!
Author:  Sussex [ Thu Jun 10, 2010 7:47 pm ]
Post subject: 
A motoring fixed penalty isn't a criminal conviction.

However should you not pay it, or contest it in the court, you will be liable for the fine, or new fine set by the court.

And if you don't pay that you go to jail.

But the original motoring fixed penalty isn't a recordable criminal offence so will never show up on your CRB, just your DVLA license which many councils check yearly anyway.
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