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 Post subject: Case Law
PostPosted: Thu Nov 30, 2017 6:14 pm 
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Joined: Fri Nov 19, 2004 7:19 am
Posts: 197
Hi

Can someone please remind me of the Case Law which decided on ''Ranking Up''

for private hire ?

I believe the matter was in the Gatwick Airport area where a judge ruled thhat PH could not rank up

and defined it in detail.

Many Thanks


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 Post subject: Re: Case Law
PostPosted: Thu Nov 30, 2017 10:17 pm 
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Cogley v Sherwood ???

Best I can find is this old thread that goes through a few cases.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=2382

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 Post subject: Re: Case Law
PostPosted: Thu Nov 30, 2017 10:51 pm 
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Opinion has been given that a vehicle waiting on private property may be prosecuted if the facts, and quality, of evidence show that the drivers conduct amounted to invitation, or acceptance, of bookings in the course of business. Again, conditions suitably worded can be imposed to prevent waiting on specified types of premises attended by the public other than in connection with a booking made previously.

Any driver waiting on private ground, (hospital, public house, car park grounds or forecourts), with an intention of finding passengers who have not pre-booked, and a Hackney Carriage, could not be prosecuted under the 1847 Act, (S45), as it would not be plying on a 'street', (as defined within the Act), however, in such a case if the vehicle was clearly visible it may be possible, as in the case of White v Cubitt, (1930), however, under S46(1)(d) of the 1976 Act an offence may be committed and that in accepting such a booking the driver would be acting as an unlicensed operator. In such cases a Council may decide to suspend or revoke a licence in cases of repeated waiting in which it may be deemed that an invitation to hire was considered as, "other reasonable cause", under Sections 60 to 62, especially if the Council had publicly announced, by notice, that they may exercise such powers.

A report in 'Taxi', dated 14th June 1995, gave details of court action by L.T.D.A. v Tesco in which private hire vehicles were waiting in the car park and it was reported that they no longer do so as it was found to be illegal for them to stand available for hire in the supermarket car park.

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 Post subject: Re: Case Law
PostPosted: Fri Dec 01, 2017 9:07 pm 
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I think the Eastbourne case might help.

http://www.bailii.org/ew/cases/EWHC/Admin/2000/410.html

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 Post subject: Re: Case Law
PostPosted: Sun Dec 03, 2017 12:01 pm 
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Joined: Tue Apr 29, 2008 3:06 pm
Posts: 21612
Location: A City near Birmingham
MR T wrote:
Opinion has been given that a vehicle waiting on private property may be prosecuted if the facts, and quality, of evidence show that the drivers conduct amounted to invitation, or acceptance, of bookings in the course of business. Again, conditions suitably worded can be imposed to prevent waiting on specified types of premises attended by the public other than in connection with a booking made previously.

Any driver waiting on private ground, (hospital, public house, car park grounds or forecourts), with an intention of finding passengers who have not pre-booked, and a Hackney Carriage, could not be prosecuted under the 1847 Act, (S45), as it would not be plying on a 'street', (as defined within the Act), however, in such a case if the vehicle was clearly visible it may be possible, as in the case of White v Cubitt, (1930), however, under S46(1)(d) of the 1976 Act an offence may be committed and that in accepting such a booking the driver would be acting as an unlicensed operator. In such cases a Council may decide to suspend or revoke a licence in cases of repeated waiting in which it may be deemed that an invitation to hire was considered as, "other reasonable cause", under Sections 60 to 62, especially if the Council had publicly announced, by notice, that they may exercise such powers.

A report in 'Taxi', dated 14th June 1995, gave details of court action by L.T.D.A. v Tesco in which private hire vehicles were waiting in the car park and it was reported that they no longer do so as it was found to be illegal for them to stand available for hire in the supermarket car park.


Very nice

BUT............ who will enforce it, the LA, a LO, cops or traffic warden?

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 Post subject: Re: Case Law
PostPosted: Sun Dec 03, 2017 2:30 pm 
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wannabeeahack wrote:
MR T wrote:
Opinion has been given that a vehicle waiting on private property may be prosecuted if the facts, and quality, of evidence show that the drivers conduct amounted to invitation, or acceptance, of bookings in the course of business. Again, conditions suitably worded can be imposed to prevent waiting on specified types of premises attended by the public other than in connection with a booking made previously.

Any driver waiting on private ground, (hospital, public house, car park grounds or forecourts), with an intention of finding passengers who have not pre-booked, and a Hackney Carriage, could not be prosecuted under the 1847 Act, (S45), as it would not be plying on a 'street', (as defined within the Act), however, in such a case if the vehicle was clearly visible it may be possible, as in the case of White v Cubitt, (1930), however, under S46(1)(d) of the 1976 Act an offence may be committed and that in accepting such a booking the driver would be acting as an unlicensed operator. In such cases a Council may decide to suspend or revoke a licence in cases of repeated waiting in which it may be deemed that an invitation to hire was considered as, "other reasonable cause", under Sections 60 to 62, especially if the Council had publicly announced, by notice, that they may exercise such powers.

A report in 'Taxi', dated 14th June 1995, gave details of court action by L.T.D.A. v Tesco in which private hire vehicles were waiting in the car park and it was reported that they no longer do so as it was found to be illegal for them to stand available for hire in the supermarket car park.


Very nice

BUT............ who will enforce it, the LA, a LO, cops or traffic warden?

Probably no one..

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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 Post subject: Re: Case Law
PostPosted: Sun Dec 03, 2017 4:33 pm 
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Joined: Tue Apr 29, 2008 3:06 pm
Posts: 21612
Location: A City near Birmingham
MR T wrote:
wannabeeahack wrote:
MR T wrote:
Opinion has been given that a vehicle waiting on private property may be prosecuted if the facts, and quality, of evidence show that the drivers conduct amounted to invitation, or acceptance, of bookings in the course of business. Again, conditions suitably worded can be imposed to prevent waiting on specified types of premises attended by the public other than in connection with a booking made previously.

Any driver waiting on private ground, (hospital, public house, car park grounds or forecourts), with an intention of finding passengers who have not pre-booked, and a Hackney Carriage, could not be prosecuted under the 1847 Act, (S45), as it would not be plying on a 'street', (as defined within the Act), however, in such a case if the vehicle was clearly visible it may be possible, as in the case of White v Cubitt, (1930), however, under S46(1)(d) of the 1976 Act an offence may be committed and that in accepting such a booking the driver would be acting as an unlicensed operator. In such cases a Council may decide to suspend or revoke a licence in cases of repeated waiting in which it may be deemed that an invitation to hire was considered as, "other reasonable cause", under Sections 60 to 62, especially if the Council had publicly announced, by notice, that they may exercise such powers.

A report in 'Taxi', dated 14th June 1995, gave details of court action by L.T.D.A. v Tesco in which private hire vehicles were waiting in the car park and it was reported that they no longer do so as it was found to be illegal for them to stand available for hire in the supermarket car park.


Very nice

BUT............ who will enforce it, the LA, a LO, cops or traffic warden?

Probably no one..


https://www.youtube.com/watch?v=q3svW8PM_jc

_________________
Freedom is never free


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 Post subject: Re: Case Law
PostPosted: Wed Dec 13, 2017 1:43 pm 
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Joined: Tue Oct 18, 2011 6:36 pm
Posts: 616
cheshirebest wrote:
Hi

Can someone please remind me of the Case Law which decided on ''Ranking Up''

for private hire ?

I believe the matter was in the Gatwick Airport area where a judge ruled thhat PH could not rank up

and defined it in detail.

Many Thanks


It's a shame that Cheshire West and Chester council don't enforce it with regards KingKabs and their bridge street office, they always have one or two cars "covering the door", as they put it, especially if there are hackneys sat on the rank opposite their door!


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 Post subject: Re: Case Law
PostPosted: Thu Dec 14, 2017 10:19 pm 
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Joined: Sat Aug 04, 2012 10:17 pm
Posts: 2238
When I worked in New Romney, it was common every Friday or Saturday to see the 8 local ph cars "parked" outside the Ship Inn. complaints were made by one or two others to the LO but no action was ever taken. Glad I'm out of the business now.


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