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 Post subject: Plymouth court date.
PostPosted: Thu Apr 14, 2005 6:39 pm 
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TAXIFAST DISPUTE DECISION DELAYED

A decision on a long-running dispute over a city taxi company's application for 29 new licences will not be made until May. Taxifast took its fight with Plymouth City Council over new hackney carriage licences to the High Court yesterday.

The company has already lodged an appeal with the city crown court over the council's alleged failure to determine the outstanding applications.

The case reached the crown court last November when the judge put the case back until May this year because the council is undertaking a survey on the question of 'unmet demand' for cabs in the city.

Parent company Keycabs took that decision to the High Court for judicial review on the grounds that the judge's decision to adjourn has created yet further delay in a dispute already prolonged by the extended wait for an outcome.

Peter Maddox, for the firm, said the delay in the crown court case was 'manifestly unfair' as Key Cabs was entitled to have its case heard 'within a reasonable time'.

His clients were suffering acute financial loss as a result of being deprived of their licences 'for no good reason', he told the court.

But Mr Justice Beatson adjourned the firm's judicial review challenge on the grounds that the High Court case could become academic when the crown court hearing resumes in May.

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 Post subject: Re: Plymouth court date.
PostPosted: Fri Apr 15, 2005 8:49 am 
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Sussex wrote:
TAXIFAST DISPUTE DECISION DELAYED

A decision on a long-running dispute over a city taxi company's application for 29 new licences will not be made until May. Taxifast took its fight with Plymouth City Council over new hackney carriage licences to the High Court yesterday.

The company has already lodged an appeal with the city crown court over the council's alleged failure to determine the outstanding applications.

The case reached the crown court last November when the judge put the case back until May this year because the council is undertaking a survey on the question of 'unmet demand' for cabs in the city.

Parent company Keycabs took that decision to the High Court for judicial review on the grounds that the judge's decision to adjourn has created yet further delay in a dispute already prolonged by the extended wait for an outcome.

Peter Maddox, for the firm, said the delay in the crown court case was 'manifestly unfair' as Key Cabs was entitled to have its case heard 'within a reasonable time'.

His clients were suffering acute financial loss as a result of being deprived of their licences 'for no good reason', he told the court.

But Mr Justice Beatson adjourned the firm's judicial review challenge on the grounds that the High Court case could become academic when the crown court hearing resumes in May.


I have a feeling the council may not be ready by May, they might go back to court and ask for more time. Does anyone know if the survey will be completed this month? However many plates it reccomends Mr Preece will get the lot, as long as it is not over the amount he asked for.

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JD


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 Post subject: Re: Plymouth court date.
PostPosted: Fri Apr 15, 2005 1:06 pm 
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JD wrote:
I have a feeling the council may not be ready by May, they might go back to court and ask for more time. Does anyone know if the survey will be completed this month? However many plates it reccomends Mr Preece will get the lot, as long as it is not over the amount he asked for.

I think you are right, even though some in the know might mention Kelly+Smith-v-Wirral. But as it seems that Mr P (not the Hove Icon :lol: ) is the only applicant, then he will kop the lot. :shock:

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 Post subject:
PostPosted: Wed May 18, 2005 1:34 pm 
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Location: Plymouth, i think, i'll just check the A to Z!
http://makeashorterlink.com/?K1C02191B

SURVEY: NO NEED FOR MORE TAXIS
Next Story | Previous Story | Back to list
STUART ABEL

12:00 - 18 May 2005
Plymouth does not need any more black cabs, according to a city council survey. Consultants have claimed that there 'is no significant unmet demand' for hackney carriages.

They have said that the average wait on ranks in the city is just 35 seconds.

Consultants who carried out 1,000 interviews told the authority that less than 10 per cent of people reported problems in getting a taxi. Cabs wait for around 15 minutes on average between fares.

The council's cabinet has now been recommended to keep the present limit of 359 vehicle licences in the city - despite applications by taxi operators for more plates.

Taxifast chairman John Preece is fighting a complicated and protracted legal battle with the council for another 29 hackney carriage licences.

He today said the council's survey was 'full of flaws'.

The council can only refuse hackney carriage licences for safety reasons or if it can show there is no demand for their services.

The survey, which will be considered by the council next Tuesday, claims that 46.6 per cent of people hiring on a rank had no wait. Ninety-one per cent said they had no problem at all in getting a taxi.

Less than five per cent cited delay as the main deterrent to using a hackney carriage. And 52 per cent felt they were receiving good value for money.

The consultants said that compared to 65 other reported authorities passengers in Plymouth had a shorter than average wait.

Cllr Sue Dann, the city council's portfolio holder for transport, said: "This survey was carried out at the request of the Office of Fair Trading and the Department of Transport so we could make an informed decision about what sort of policy we were going to make in the future. The survey was to see whether there was any significant unmet demand in the city as a whole for hackney carriages.

"In terms of the robustness of the survey, these consultants have been used in surveys up and down the country."

The cabinet is recommended to carry out a review of the demand for taxis after changes in the city centre's transport infrastructure.

Meanwhile, Mr Preece is to challenge a crown court ruling last week which allows the council to use the evidence of the survey when it defends his company's appeal against the authority's alleged refusal of the 29 hackney carriage licences. Mr Preece said that the study cannot be used by the council.

....................................

So they conduct the survey at the quiet time of year and also publish what ranks were being monitored for the survey, and then say theres no unmet demand. well theres a surprise. :roll:


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 Post subject:
PostPosted: Wed May 18, 2005 1:37 pm 
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Location: Plymouth, i think, i'll just check the A to Z!
steveo wrote:
Less than five per cent cited delay as the main deterrent to using a hackney carriage. And 52 per cent felt they were receiving good value for money.


so thats 48% who thought that they were not recieving good value for money?


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 Post subject:
PostPosted: Wed May 18, 2005 7:40 pm 
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Surveys are conducted the way that the council wants them to be conducted, and more times than not will give the answers that the local council wants. :shock:

If I was Mr Preece, I would get a maths expert to look at the formula, because that's so flawed that I can't believe it hasn't been challenged before.

All that aside, I don't think that Mr Preece is the sort of person to admit defeat. Thus I look forward to the next few stages of this on going saga. :wink:

We must remember this is the council that didn't give someone a license becuase they didn't like his mate. I believe that cost them over a quater of a million? :shock:

I think the 'movement of trade' issue is a winner, in my un-professional opinion. :-$

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 Post subject: surveys
PostPosted: Wed May 18, 2005 10:28 pm 
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Where i work 70% of my work , are fares picked up in the street , not on a rank . Why this looking for unmet demand, in the very place where they wont find it . Why dont they ask people in the suburbs , how easy they find getting a taxi . Or have i missed something , are councils only supposed to look at ranks . If theres a wait for a taxi , you dont just join the line of reprebates . You go and catch a bus . Phone a mate . Or find a private hire . This survey thing is just a farce . Streetcar .


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 Post subject:
PostPosted: Wed May 18, 2005 11:43 pm 
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steveo wrote:
http://makeashorterlink.com/?K1C02191B

The survey, which will be considered by the council next Tuesday, claims that 46.6 per cent of people hiring on a rank had no wait. Ninety-one per cent said they had no problem at all in getting a taxi.


July isn't that far off, it will be an interesting case and one which may thow up a lot of new twists to section 16. If you work in a restricted authority and value your plate I would keep a very close eye on this case.

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JD


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 Post subject:
PostPosted: Tue Jul 05, 2005 5:00 pm 
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The court case sheduled to start on 30th June has been vacated by the Judge. No new date has been set as far as I know.

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JD


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 Post subject:
PostPosted: Wed Jul 06, 2005 10:46 am 
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I've had it confirmed that a new date for this appeal will be arranged at some time in the future. Nothing has changed in respect of the appeal, I'll let you know when the case is re-listed.

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JD


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 Post subject:
PostPosted: Wed Sep 07, 2005 3:44 pm 
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The latest news on this saga is that the two parties are back in court tomorrow for a Directions hearing. This particular hearing appertains to the disclosure of documents. We can assume which of the two parties is being asked for disclosure. The final appeal will no doubt be some time off.

Stay tuned to TDO for the latest updates.

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JD


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