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 Post subject: Appeall procedure
PostPosted: Wed Jul 26, 2006 12:14 pm 
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After having my Operators licence and drivers licence revoked for being deemed an 'unfit and proper person'. Without going into the background of the case, where could I find out the appeall procedure for such cases. All advice welcome. :sad:


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PostPosted: Wed Jul 26, 2006 12:35 pm 
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I think the standard practice is to advise you after the hearing, usually by letter, confirming their decision.

regards

Captain Cab

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 Post subject: Re: Appeall procedure
PostPosted: Wed Jul 26, 2006 7:52 pm 
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INCOMPLETELY wrote:
After having my Operators licence and drivers licence revoked for being deemed an 'unfit and proper person'. Without going into the background of the case, where could I find out the appeall procedure for such cases. All advice welcome. :sad:

The council should have told you your appeal rights when they revoked your license.

But the rights of appeal can be found in the 1976 Act sec 52 and 62. http://www.taxi-driver.co.uk/LG(MP)A1976.pdf

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 Post subject:
PostPosted: Thu Jul 27, 2006 7:51 pm 
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I am still awaiting my letter of confirmation detailing the points my liscence was revoked.

It would appear, that I do have a right to appeal. My solicitor didn't think I would lose them prior to the hearing, I can't appeal or give him the relevant details as regards the revoking of the licence till I get the official letter. Till then I wait!

I presume its the same for Scotland as in England?, and do you know if there is a time limit for appeal?


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PostPosted: Thu Jul 27, 2006 8:09 pm 
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INCOMPLETELY wrote:
I presume its the same for Scotland as in England?, and do you know if there is a time limit for appeal?

That I don't know, but I would be amazed if it was that much different.

As for the timescale it's usually 28 days from the date you were told that your licenses were being revoked.

Should be from the date of the official letter, but they might say it was from the date they verbally told you.

Down in England you can still work until your case is heard in court (for the moment), not sure if it's the same up your way.

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 Post subject: Re: Appeall procedure
PostPosted: Fri Jul 28, 2006 5:33 pm 
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INCOMPLETELY wrote:
After having my Operators licence and drivers licence revoked for being deemed an 'unfit and proper person'. Without going into the background of the case, where could I find out the appeall procedure for such cases. All advice welcome. :sad:


In England and Wales by law you must have written notification of any administrative decision to suspend or revoke your license. After being notified you have 21 days in which to appeal. Under current law you are entitled to drive until a court has made a decision on your appeal. If the offence for which your license is revoked is of a very serious nature then a council would no doubt go to court in order to prevent you from driving pending the appeal.

Regards

JD


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 Post subject:
PostPosted: Fri Jul 28, 2006 5:49 pm 
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INCOMPLETELY wrote:
I am still awaiting my letter of confirmation detailing the points my liscence was revoked.

It would appear, that I do have a right to appeal. My solicitor didn't think I would lose them prior to the hearing, I can't appeal or give him the relevant details as regards the revoking of the licence till I get the official letter. Till then I wait!

I presume its the same for Scotland as in England?, and do you know if there is a time limit for appeal?


Your supposed to have a letter within 14 days. See sections 60, 61 and 62 of the LGMPA.

Regards

JD


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PostPosted: Fri Jul 28, 2006 6:17 pm 
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I've posted the Monahan case for you which describes the 14 day mandatory procedure and the consequencies of not abiding by that mandatory provision. You should also look at the Curzon case if your concerned about appeals, there are several other cases on here regarding appeals and "fit and proper" status. Perhaps if you typed in "fit and proper" in the TDO search engine you might find what your looking for. Or perhpas look in the licensing section at the many cases you will find there.

http://www.taxi-driver.co.uk/phpBB2/vie ... 2368#52368

Regards

JD


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 Post subject:
PostPosted: Fri Jul 28, 2006 6:31 pm 
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I take it you were convicted of some dirty deed you did or did not appeal in court the details of which being presented before the regulatory committee hence the revocation of your licence?


Or is it all bollix and they are out to make a point with you being the human sacrifice?

The reason I ask is because I've been there only I could not give the licence away, confused, not half as much as me?


Can you give us the why you think they've stuffed you, is it personal? :wink:

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 Post subject: Re: Appeall procedure
PostPosted: Fri Jul 28, 2006 6:51 pm 
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INCOMPLETELY wrote:
After having my Operators licence and drivers licence revoked for being deemed an 'unfit and proper person'. Without going into the background of the case, where could I find out the appeall procedure for such cases. All advice welcome. :sad:


If your in Scotland, this case will give you an understanding of the time frame and procedure.

http://www.taxi-driver.co.uk/phpBB2/vie ... 2371#52371

Regards

JD


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 Post subject:
PostPosted: Fri Jul 28, 2006 7:28 pm 
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Skull wrote:
I take it you were convicted of some dirty deed you did or did not appeal in court the details of which being presented before the regulatory committee hence the revocation of your licence?


Or is it all bollix and they are out to make a point with you being the human sacrifice?

The reason I ask is because I've been there only I could not give the licence away, confused, not half as much as me?


Can you give us the why you think they've stuffed you, is it personal? :wink:



The incident was because of a domestic incident in January, which I recieved 12 months probation in March.

However both my drivers and operators licence were up in December. I asked for them to send out renewal forms, which I recieved ans filled in. That is apart from drivers, which they by mistakenly forgot to post. I had to start sending eveything they already had, e.g. copy of drivers licence, Vehicle Docs etc. Resit knowledge test etc. It became obvious that there was something fishy going on and that they were stalling my application. Every time I phoned them they assured me they were just waiting for Police reports, this was despite being told by Police that they would not be objecting, discusssing it with my Solicitor who did not see any problem. I even recieved a letter from the Chief Inspector confirming this.
However last Thursday I recieved a letter that there was to be a panel hearing as regards my licence renewal. I discussed this with my Solicitor who drafted a letter for circulation before the hearing.
When I phoned up on Tuesday afternoon I was told that my licence had been revoked. As I was not being a fit and proper person to operate a Taxi.
I am still awaiting the officiall letter, which I need before I can start the appeal. eusasmiles.zip


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 Post subject:
PostPosted: Fri Jul 28, 2006 7:50 pm 
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INCOMPLETELY wrote:
The incident was because of a domestic incident in January, which I recieved 12 months probation in March.

However both my drivers and operators licence were up in December.


Did you let any of your licenses lapse in December 2005?

Regards

JD


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 Post subject:
PostPosted: Fri Jul 28, 2006 8:04 pm 
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JD wrote:
INCOMPLETELY wrote:
The incident was because of a domestic incident in January, which I recieved 12 months probation in March.

However both my drivers and operators licence were up in December.


Did you let any of your licenses lapse in December 2005?

Regards

JD


Drivers license lapsed, since they never sent me out the form.


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 Post subject:
PostPosted: Fri Jul 28, 2006 10:20 pm 
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INCOMPLETELY wrote:
JD wrote:
INCOMPLETELY wrote:
The incident was because of a domestic incident in January, which I recieved 12 months probation in March.

However both my drivers and operators licence were up in December.


Did you let any of your licenses lapse in December 2005?

Regards

JD


Drivers license lapsed, since they never sent me out the form.


I'll take a wild guess and say you gave them the golden opportunity to treat the application a new, their get out clause. Under normal circumstances would they consider granting a licence to a new applicant who was still on probation, I doubt it?

JD might have a different slant on this but in practical terms I think you fu**** yourself.

Councillors being councillors they look to wash their hands of the situation claiming they did only what they could do under the circumstances, new applicant, probation, licence, not a chance let him appeal our backs are covered.

BTW 12 months probation you must of escaped porridge by the skin of your teeth, don't get me wrong I'm not judging as long as it didn't involve kids, I don't give a shi* I just hope it was worth it to you :wink:

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 Post subject:
PostPosted: Sat Jul 29, 2006 11:40 am 
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As regards the 'new' application, thats a bit of a grey area at the moment, and I will have that clarified soon.

There was no kids involved.

The 12 months probation are the lowest sentence that could be imposed.

What I really wanted to know if anybody else had been in a similar position, as regards appealing.


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