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 Post subject: refused plate
PostPosted: Thu Oct 14, 2004 6:15 pm 
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Joined: Wed May 26, 2004 2:50 pm
Posts: 17
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


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 Post subject: Re: refused plate
PostPosted: Thu Oct 14, 2004 10:02 pm 
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Quite obviously the local licensing authority beleieve that there are sufficient Hackney plates to meet demand.

If you believe they don't you can bring their attention to the recent government guidelines reccomending that all councils who maintain a policy of quantative restriction of HC review their policy, and if they believe the consumers demands are not being met remove the restriction with immediate effect.

These guidelines have not yet been tested in court as most councils who operate a restrictive policy are reviewing to best meet the demands of the consumer.

I would suggest that an appeal will be successful if you were presenting a WAV for licence, if you are looking to plate a saloon you probably stand as much chance as the chocolate fireguard (because of the future implimentation of the DDA).

I would also be warey of what WAV you present as I believe that only purpose built vehicles will be easy to insure from next year, with premiums rising considerably for "converted vehicles".

Good luck, but do some maths first, and ask your insurance company what the price of your policy would be next year if these changes were implimented and you didn't have a purpose built.


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 1:47 am 
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Which Licensing Authority did you apply to?


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 Post subject:
PostPosted: Fri Oct 15, 2004 2:09 am 
cab happy
you havnt given nearly enough information.

you need to tell us the reasons for refusal.
the date of any surveys
you may appeal to the crown court but for gods sake dont if the council have refused a saloon where a wav fits the rules


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 3:06 pm 
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Joined: Wed May 26, 2004 2:50 pm
Posts: 17
Anonymous wrote:
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Which Licensing Authority did you apply to?


Nottingham City


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 Post subject:
PostPosted: Fri Oct 15, 2004 3:12 pm 
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Joined: Wed May 26, 2004 2:50 pm
Posts: 17
Anonymous wrote:
cab happy
you havnt given nearly enough information.

you need to tell us the reasons for refusal.
the date of any surveys
you may appeal to the crown court but for gods sake dont if the council have refused a saloon where a wav fits the rules


they currently restrict approx n0 415
last survey 1999 however they are considering having another survey
they are awaiting for the best practice guidance on taxi licensing to be issued (does anyone know what this is likely to say)


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 Post subject:
PostPosted: Fri Oct 15, 2004 3:25 pm 
Who knows, but hopefully it'll be less inconsistent and contradictory than some of the stuff we've heard from Government since the OFT announcement.

Wasn't it supposed to be out for consultation in the summer?

The whole thing has been a bit of a mess so far, maybe that's why they're taking so long.

And presumably having a new Transport Minister won't help things along, but maybe Ms Atkin's BSc in Economics will help things substantively :)


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 4:17 pm 
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Nottingham City Council are going to deregulate in a few months.


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 6:20 pm 
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Joined: Wed May 26, 2004 2:50 pm
Posts: 17
Nidge wrote:
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Nottingham City Council are going to deregulate in a few months.


please tell me who gave that information, because if you read the minuets of the committee meeting of the 20/09/04 and if you speak with the team leader of taxi licensing jim mortell he will tell you the opposite of that.


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 6:20 pm 
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Joined: Wed May 26, 2004 2:50 pm
Posts: 17
Nidge wrote:
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Nottingham City Council are going to deregulate in a few months.


please tell me who gave that information, because if you read the minuets of the committee meeting of the 20/09/04 and if you speak with the team leader of taxi licensing jim mortell he will tell you the opposite of that.


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 6:44 pm 
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Make sure you have 10 grand to lose because if your appeal fails thats what it may cost you.

Best wishes

JD


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 Post subject: Re: refused plate
PostPosted: Fri Oct 15, 2004 10:22 pm 
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Joined: Wed May 26, 2004 2:50 pm
Posts: 17
JD wrote:
cab happy wrote:
HAVING APPLIED FOR HACKNEY PLATE AND BEEN REFUSED, HOW DOES ONE GO ABOUT APPEALING.
I WOULD WELCOME ANY INSIGHT TO PREVIOUS CASES IN LAW WHETHER SUCCESFUL OR NOT ETC.


Make sure you have 10 grand to lose because if your appeal fails thats what it may cost you.

Best wishes

JD


john your opinion is always well respectd however why will it cost 10 grand
many thanks steve


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 Post subject:
PostPosted: Sat Oct 16, 2004 3:29 am 
If the Licensing Dept have indicated that they are not going to deregulate then they must be sure of withstanding a legal challenge of their policy.

Government advice is to derestrict, however they made it equally clear that individual licensing authorities retain the power to form policies they believe to be within the best interest of the people they represent, a point often ignored on here.


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 Post subject:
PostPosted: Sat Oct 16, 2004 3:33 am 
John is wrong this time

it will be at least 20 grand, cos if you lose you pay the councils costs and thats a qc, a barrister and 2 solicitors.

one thing in your favour is the age of survey 5 years tops new guidelines will say every 3 years.

Geoff


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 Post subject:
PostPosted: Sat Oct 16, 2004 5:48 am 
Anonymous wrote:
If the Licensing Dept have indicated that they are not going to deregulate then they must be sure of withstanding a legal challenge of their policy.

Government advice is to derestrict, however they made it equally clear that individual licensing authorities retain the power to form policies they believe to be within the best interest of the people they represent, a point often ignored on here.


Sorry Guest but you have misquoted on several forums now.

the Government have said no such thing, what they say is that surveys must be every three years and they must jusify thier policy in the transport plan.

that can be challenged in court.

those that derestrict can save a bucket full of cash, less hastle and unlike your proposal l its for councils to proove in court that there no unmet demand.

if the council derestrict there is no need in court to justify this.

spin all yer want but you are wrong, only derestriction is sure of doing the best for inhabitants,

if there is i


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