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| Will I get suspended? Dundee http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=15185 |
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| Author: | Whitepearl [ Tue Oct 26, 2010 8:39 pm ] |
| Post subject: | Will I get suspended? Dundee |
Got involved in a fight in a Dundee pub on my night off, received a letter from tayside police saying I was getting a adult warning for assault, and that it was not getting reported to fiscal, thought that was the end of that, Then I got a letter from Dundee city council for a suspension hearing, heard the committee will come down on my like a ton of bricks. Will I lose my badge? No convictions at all not even a speeding ticket! Plz help |
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| Author: | gusmac [ Tue Oct 26, 2010 8:48 pm ] |
| Post subject: | |
First, calm down. When is your hearing? |
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| Author: | Whitepearl [ Tue Oct 26, 2010 9:14 pm ] |
| Post subject: | A |
Next week |
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| Author: | gusmac [ Tue Oct 26, 2010 9:43 pm ] |
| Post subject: | |
Are you a member of any trade organisation or union? They can usually represent you at these hearings or give you advice. If not, there are some Dundee guys on here who may be in a better position to help than I am. Did you get a copy of the complaint against you? And any evidence to support it? Try not to panic, they may just want to mark your card re any future conduct. |
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| Author: | Jasbar [ Tue Oct 26, 2010 9:49 pm ] |
| Post subject: | |
Rab Smith Edinburgh. Got involved in a fracas on his nite off. Was reported to the procurator fiscal who did not proceed. Scumbag Cab Inspector, I believe it was the lesbian Audrey Frye, reported said Smith to the council. He has a young family. He appeared before the council and they took his licence from him 6 weeks before Cgristmas. He was deemed not to be a fit and proper person to hold a taxi licence. Income cut off. Happy Christmas or what? Only two people in the trade offered any opposition, the Skull and me. Everyone else in the trade thought the council's action was acceptable. Now, councils don't have the right to use suspension of licence as a punishment. We told them this and they took it on board. So, what they did, rather than as they had done previously in taking the licence away for a month or three months, they took the licence away until it expired. Wanna bet Scumbag convener Colin Keir got his rocks off on that one? Smith engaged a lawyer who failed to recognise the merits of his human rights being breached and failed to win his reprieve. (After all, if Human Rights was allowed to intervene wouldn't said lawyer's 1982 Act dripping roast be ended?) If Dundee operate like the scumbag councillors in Edinburgh (Does anyone now doubt that they are truly scumbags) then I'm afraid you're fecked. However there are some things you can do. First, you must make an immediate freedom of information request of the Tayside Chief Constable asking the number and nature of all convictions of his serving officers. I can't remember the specific numbers off the top of my head, but there was any number of driving and assault convictions within Lothian and Borders police, who under the lesbian, and now heyero Frank Smith (but affectionately known as "Gladys"), make numerous complaints about lesser matters concerning cabbies which the council rounds on with true fascist zeal. The inference here is that how can the Chief Constable making the complaint possible do so when the alleged non-crime is of a much lesser level than those of his officers. If the cabbie is not fit and proper, how can those serving officers be? Second, you must write to council and point out that you are entitled to a fair hearing under the 1998 Human Rights Act. Ask them to prove before any hearing that they have had their procedures scrutinised by an appropriate legal authority to ensure compliance with the HRA 1998. Do NOToffer any information to the council, do NOT speak to the charge and do NOT attend any meeting until the above has been proved to your satisfaction. If you require any assistance with this matter we will be happy to craft the correspondence for you. Third, the council is operating as a quasi-judicial body. You may wish to consider consulting a lawyer and require that you are granted civil legal aid to pursue your defence of this matter. This will likely be denied to you, however it will show up a flaw in the system and highlight that you can not possibly get the fair hearing you are entitled to under the ACT. No proper representation, then you have a right to resist any hearing. Fourth, you should be aware that councils do not operate to any of the standards of judicial bodies. They recognise no precedent, they operate to no benchmarks, they don't adhere to any reasonable standards. They make it up as they go along. The process allows them to dig out anyone they don't like, and even if they don't particularly dislike you as an individual they can kick you out anyway just to send a message to the rest of the bewildered herd to keep them in line. If Dundee is like Edinburgh they get away with this because they put disciplinary matters onto a "B" Agenda which is dealt with "in camera". By operating in secret there is no public record of how draconian and unreasonable the scumbags are. Fifth, you must insist that any hearing is dealt with on an open Agenda. (We would come to the meeting and "observe" "righteous" councilling at work )
And let them know well in advance of your re4quirement for this. It is wise to organise the media to attend. You should advise them of this also. Sixth, the mindset for success here is that you have to go to "war" with the council. They have to know they are in a fight. And they have to be aware that their reputations are on the line. That the public are going to know how they conduct themselves. This should be of interest to them particularly with the forthcoming elections. You want any assistance, then the Skull and I would be happy to ensure that on this occasion the council are sent homeward to think again. All you have to do is ask. BTW Forget hoping that the trade "representatives" will help. You're on your own. They're too busy licking scumbag arses to worry about little old you. |
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| Author: | Whitepearl [ Tue Oct 26, 2010 10:10 pm ] |
| Post subject: | A |
Ye they sent me a copy of the complaint, tayside police said the warned and changed me with assault, but I didn't think I got charged! They came up cautioned me and took my statement, never asked for witness then left that wen they sent me the letter, And to add to it I was defending myself but he made the complaint so they believed him, never even took my wides statment or my the door men or my friends who all were witnesses cheers for replies so quick |
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| Author: | Whitepearl [ Tue Oct 26, 2010 10:11 pm ] |
| Post subject: | A |
Ye they sent me a copy of the complaint, tayside police said the warned and changed me with assault, but I didn't think I got charged! They came up cautioned me and took my statement, never asked for witness then left that wen they sent me the letter, And to add to it I was defending myself but he made the complaint so they believed him, never even took my wides statment or my the door men or my friends who all were witnesses cheers for replies so quick |
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| Author: | Skull [ Tue Oct 26, 2010 10:37 pm ] |
| Post subject: | Re: A |
Whitepearl wrote: Ye they sent me a copy of the complaint, tayside police said the warned and changed me with assault, but I didn't think I got charged! They came up cautioned me and took my statement, never asked for witness then left that wen they sent me the letter,
And to add to it I was defending myself but he made the complaint so they believed him, never even took my wides statment or my the door men or my friends who all were witnesses cheers for replies so quick If your lips are moving, you are digging a hole for yourself. You should have kept your mouth shut. In the future, if a cop wants to speak to you tell them at the outset you do not do interviews under police caution. The fact is, if they already have enough to charge you and intend to do so, your statement only serves to build a case against you. Remember, the police act on behalf of the person making the complaint first. You have to make a counter claim, and you need corroboration or evidence to back it up, or you are the one still in the frame. The law is not about right or wrong, truth or justice. It's about the process. The law must be seen to be done. If you go up to the council and spill your guts, as they expect. You might keep your licence but it all depends on the circumstances, regardless of whether or not it went before the court. It's your gamble how you want to run with it.
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| Author: | grandad [ Tue Oct 26, 2010 10:50 pm ] |
| Post subject: | |
Jasbar wrote: Rab Smith Edinburgh.
Got involved in a fracas on his nite off. Was reported to the procurator fiscal who did not proceed. Scumbag Cab Inspector, I believe it was the lesbian Audrey Frye, reported said Smith to the council. He has a young family. He appeared before the council and they took his licence from him 6 weeks before Cgristmas. He was deemed not to be a fit and proper person to hold a taxi licence. Income cut off. Happy Christmas or what? Only two people in the trade offered any opposition, the Skull and me. Everyone else in the trade thought the council's action was acceptable. Now, councils don't have the right to use suspension of licence as a punishment. We told them this and they took it on board. So, what they did, rather than as they had done previously in taking the licence away for a month or three months, they took the licence away until it expired. Wanna bet Scumbag convener Colin Keir got his rocks off on that one? Let me get this right. The chap was facing a suspension of between one month and three months? Yes? Then you and Skull helped him out and got him suspended until his badge expired. remind me not to ask for help from you two. |
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| Author: | Whitepearl [ Tue Oct 26, 2010 10:50 pm ] |
| Post subject: | |
Theynot taking it any further, the Peter stated they were not reporting it to the fiscal and I should take it as a warning, they told the council they barges me, they never Jst a caution, unless they can charge me with oot me knowing? As I told the police the guy went to hit me so I defended my self, dng have a clue Wat to do! |
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| Author: | Skull [ Tue Oct 26, 2010 10:57 pm ] |
| Post subject: | |
grandad wrote: Jasbar wrote: Rab Smith Edinburgh. Got involved in a fracas on his nite off. Was reported to the procurator fiscal who did not proceed. Scumbag Cab Inspector, I believe it was the lesbian Audrey Frye, reported said Smith to the council. He has a young family. He appeared before the council and they took his licence from him 6 weeks before Cgristmas. He was deemed not to be a fit and proper person to hold a taxi licence. Income cut off. Happy Christmas or what? Only two people in the trade offered any opposition, the Skull and me. Everyone else in the trade thought the council's action was acceptable. Now, councils don't have the right to use suspension of licence as a punishment. We told them this and they took it on board. So, what they did, rather than as they had done previously in taking the licence away for a month or three months, they took the licence away until it expired. Wanna bet Scumbag convener Colin Keir got his rocks off on that one? Let me get this right. The chap was facing a suspension of between one month and three months? Yes? Then you and Skull helped him out and got him suspended until his badge expired. remind me not to ask for help from you two. You've never been right in your life grandad, and so far nothing has changed.
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| Author: | Jasbar [ Tue Oct 26, 2010 11:07 pm ] |
| Post subject: | |
grandad wrote: Jasbar wrote: Rab Smith Edinburgh. Got involved in a fracas on his nite off. Was reported to the procurator fiscal who did not proceed. Scumbag Cab Inspector, I believe it was the lesbian Audrey Frye, reported said Smith to the council. He has a young family. He appeared before the council and they took his licence from him 6 weeks before Cgristmas. He was deemed not to be a fit and proper person to hold a taxi licence. Income cut off. Happy Christmas or what? Only two people in the trade offered any opposition, the Skull and me. Everyone else in the trade thought the council's action was acceptable. Now, councils don't have the right to use suspension of licence as a punishment. We told them this and they took it on board. So, what they did, rather than as they had done previously in taking the licence away for a month or three months, they took the licence away until it expired. Wanna bet Scumbag convener Colin Keir got his rocks off on that one? Let me get this right. The chap was facing a suspension of between one month and three months? Yes? Then you and Skull helped him out and got him suspended until his badge expired. remind me not to ask for help from you two. Forget the heart, youre just an old fart. We showed how they were wrong. What did they to protect themselves? They became more draconian. Knowing full well that imbeciles like you would just bow, scrape and accept. If it's not already too late, why don't you just grow up.
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| Author: | tx_op [ Tue Oct 26, 2010 11:52 pm ] |
| Post subject: | Re: Will I get suspended? Dundee |
Whitepearl wrote: Got involved in a fight in a Dundee pub on my night off, received a letter from tayside police saying I was getting a adult warning for assault, and that it was not getting reported to fiscal, thought that was the end of that,
Then I got a letter from Dundee city council for a suspension hearing, heard the committee will come down on my like a ton of bricks. Will I lose my badge? No convictions at all not even a speeding ticket! Plz help 1. Are you charged yes or no ? 2. If you are DCC can initiate immediate suspension. 3. If you have just been cautioned, you've nothing to fear. So let me know the plain facts please and i will advise you properly if you are indeed requested to attend a suspension hearing. How long have you been in the Trade ? My reason for asking is your knowledge of the CGSA, |
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| Author: | Whitepearl [ Wed Oct 27, 2010 3:03 am ] |
| Post subject: | A |
Only been in the trade for 16 months, no I was no charged, but tayside police informed the city council I was cheers |
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| Author: | Jasbar [ Wed Oct 27, 2010 8:00 am ] |
| Post subject: | Re: Will I get suspended? Dundee |
tx_op wrote: Whitepearl wrote: Got involved in a fight in a Dundee pub on my night off, received a letter from tayside police saying I was getting a adult warning for assault, and that it was not getting reported to fiscal, thought that was the end of that, Then I got a letter from Dundee city council for a suspension hearing, heard the committee will come down on my like a ton of bricks. Will I lose my badge? No convictions at all not even a speeding ticket! Plz help 1. Are you charged yes or no ? 2. If you are DCC can initiate immediate suspension. 3. If you have just been cautioned, you've nothing to fear. So let me know the plain facts please and i will advise you properly if you are indeed requested to attend a suspension hearing. How long have you been in the Trade ? My reason for asking is your knowledge of the CGSA, Can I suggest you read my previous post. The CGSA 1982 does NOT allow for temporary suspension. There was a case where a Sheriff in Dumfries referred to such a suspension as illogical. You are either fit and proper or not. End of. And if you are suspended, how do you suddenly become fit and proper agaain? But what should concern us all is your statement that he has "nothing to fear" if he has not been charged. The council will take any latitude in coming to a decision. They make it up as they go along and will do whatever they want. You would then have to challenge their decision in court. If this guy takes your advice they will hang him out to dry. You've been warned. Reaf the post again guys. yOU PLAY BY THE COUNCIL'S RULES AND YOU ARE LIKELY TO GET BURNED. |
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