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PostPosted: Sat Mar 17, 2018 9:09 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
http://www.yorkpress.co.uk/news/16092278.Private_hire_driver_acquitted_of_acting_as_a_taxi_driver_in_York/

YORK Magistrates believed a former policeman when he told them he had seen a private hire driver picking passengers up in the street.

But they cleared Erkan Dogan of breaking the terms of his licence because they said City of York Council hadn't proved that the four racegoers had paid to be carried from Gillygate to the junction of Knavesmire Road and Tadcaster Road.

In their judgement, they said: "On that technicality we find there is no case to answer."

Mr Dogan, 46, of Middleham Avenue, York, who can only carry fares that have been prebooked through his York company, denied a charge of plying for fares on the street.

Ex-policeman turned council licensing officer Nigel Woodhead told them he was walking down Gillygate at lunchtime on the last day of last year's Ebor meeting, when he saw four men in suits with race badges ahead of him and Mr Dogan's car in a queue of traffic moving towards Bootham Bar.

"I saw the private hire car serve to the nearside and stop. The driver leant across to the passenger seat and spoke to one of the four gentlemen," he said.

The racegoer called to his friends who were slightly ahead of him, all four got into the vehicle and it drove off past the junction with Bootham, said Mr Woodhead.

Mr Dogan told a council investigator later that the four had got into the vehicle without his consent and he had not been able to get them out until he reached the junction of Knavesmire Road and Tadcaster Road. He denied he had been paid for the journey.

funny how LO's are always ex coppers

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PostPosted: Sat Mar 17, 2018 9:21 pm 
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A private hire driver does not have to be paid to have being found guilty of plying for hire,Magistrates have been given poor advice by the Clerk of the Court and the Council should(must) appeal against this decision.

There are several cited cases where Councils have been successful.


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PostPosted: Sun Mar 18, 2018 2:47 pm 
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heathcote wrote:
A private hire driver does not have to be paid to have being found guilty of plying for hire,Magistrates have been given poor advice by the Clerk of the Court and the Council should(must) appeal against this decision.

There are several cited cases where Councils have been successful.

Without evidence from those that got in the car a prosecution is very unlikely to be successful.

I agree no payment has to be made, but the mere fact that four people got into a PH doesn’t mean the driver was acting illegally.

We must remember the prosecutors have to prove the driver was rewarded.

Clearly they didn’t.

IMO a waste of licensing money.

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