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PostPosted: Sun Jun 29, 2008 7:10 pm 
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The passengers are covered for personal injury..

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PostPosted: Sun Jun 29, 2008 8:07 pm 
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Brummie Cabbie wrote:
I think the insurance company would probably decline to pay-out, once they were aware of the facts. The PHV driver is NOT insured for Public Hire.


I'm afraid that's not the case, as case law proves.

Regards

JD

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PostPosted: Sun Jun 29, 2008 8:49 pm 
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I think if the driver picking up illegally is in a licensed private hire then I very much doubt his car will be squashed.

However if the vehicle picking up illegally is an un-licensed vehicle, which is in effect an un-licensed taxi, then I don't see any reason why that shouldn't be squashed.

Recently I put up a thread which showed a clip of a cab driver chasing his car down the road. Now in that same program the PCO/Met stopped a licensed London PH for non payment of a parking ticket. The interesting thing was they couldn't take the motor as it was viewed as the 'tools of his trade'.

However once they did the insurance check they found out the driver wasn't insured to drive that motor, and then they decided they had the right to take it away and squash it. :D

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PostPosted: Mon Jun 30, 2008 7:16 am 
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What happens if the vehicle is under a hire purchase agreement? Does it still get crushed?

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PostPosted: Mon Jun 30, 2008 12:35 pm 
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JD wrote:
I'm afraid that's not the case, as case law proves.


I would be interested to see this case law where a PHV illegally plying picked up passengers, who were then injured in an accident which was the fault of the PHV driver & the passenger's claim was honoured by the PHV driver's insurance company.

That is different from the scenario above where the balance of the passenger's claim is eventually settled by the MIB after making the PHV driver bankrupt of his assets to pay towards damages in the first instance.

PS I'm/We are still waiting for some input on this topic from some Liverpulians.

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PostPosted: Mon Jun 30, 2008 12:59 pm 
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Brummie Cabbie wrote:
I would be interested to see this case law


Oh yea of little faith.

Did you locate the teletax case?

Regards

JD

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PostPosted: Mon Jun 30, 2008 1:25 pm 
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grandad wrote:
What happens if the vehicle is under a hire purchase agreement? Does it still get crushed?


I would guess it depends on the type of agreement but if the vehicle is still the property of the HP company then probably not.

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PostPosted: Mon Jun 30, 2008 3:09 pm 
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JD wrote:
Oh yea of little faith.

Did you locate the teletax case?


Yes I did thanks. I did not realise it was down the page, I had just clicked on the link that was on view & it brought me back to the first case again.

The York appeal was only dismissed because the council had a long eatablished policy in place that the court obviously thought was reasonable & equitable. Without such a policy, as is probably the case in the majority of councils the appellant might well have won.

PS. Does TDO have a library of taxi case law?

Birmingham had two overflowing box files of case law until the late 1990's / early 2000's. Then they went missing & we are somewhat lost without them.

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PostPosted: Mon Jun 30, 2008 3:29 pm 
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gusmac wrote:
grandad wrote:
What happens if the vehicle is under a hire purchase agreement? Does it still get crushed?


I would guess it depends on the type of agreement but if the vehicle is still the property of the HP company then probably not.


I wonder if the police would have access to that kind of information, as it would be financial (& probably regulated by FSA), rather than concerned with road traffic matters; i.e road tax, insurance, MOT. They have that information instantly now with their ANPR system.

Would'nt it be fun if the car was crushed, & the HP was still outstanding & the borrower had to continue paying for a car that was no longer.

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PostPosted: Mon Jun 30, 2008 5:04 pm 
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Brummie Cabbie wrote:
PS. Does TDO have a library of taxi case law?

It's called the 'search' function at the top of the page.

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PostPosted: Tue Jul 01, 2008 12:48 am 
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Brummie Cabbie wrote:
I don't know the full proceedure with vehicles illegally plying for hire, but I doubt it is as above.



It could well be though - I think the legislation is basically targetted at vehicles driven without proper insurance, so why not taxis or PH illegally plying for hire?

As for HP and the like, I think the important point is that if the car's worth anything it will be recovered.

I think to recover the vehicle you have to present a valid insurance policy and pay a recovery fee which increases for each day of storage, so basically the bangers will end up crushed.

There have been problems with it though; for example, I've read about people with 'any vehicle' insurance running a recovery service for impounded vehicles :roll:


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PostPosted: Tue Jul 01, 2008 2:03 am 
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JD wrote:
I think the high court might have something to say about a police policy that only targets private hire owner/drivers.
Regards

JD


I think he did say cars being driven without insurance :roll:

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PostPosted: Tue Jul 01, 2008 4:01 am 
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GA wrote:
JD wrote:
I think the high court might have something to say about a police policy that only targets private hire owner/drivers.
Regards

JD


I think he did say cars being driven without insurance :roll:


And here's me thinking he said this.

The Merseyside Police are allegedly using the same legislation that is available to all police forces in confiscating & crushing "private vehicles" that have been driven on the road without insurance.

The thinking is apparently that whilst the said vehicle MIGHT have ‘Hire & Reward’ insurance, it does not have ‘Public Hire’ insurance & is therefore not insured for the purpose of plying for hire.


Regards

JD

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PostPosted: Tue Jul 01, 2008 10:54 am 
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gusmac wrote:


No Disrespect to that Vehicles Owner...but it was A pile of Scrap even before the Scrappy demolished it...


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