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PostPosted: Sat Jul 26, 2008 4:15 am 
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MR T wrote:
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Total Scouse-land plonker!!
coming from a Birmingham cab driver whose own trade asked to be deregulated that is some statement


BTW. The plonker I was referring to was the Liverpool licensing officer & no other Scouser.

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PostPosted: Sat Jul 26, 2008 6:06 am 
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Brummie Cabbie wrote:
JD wrote:
The spokesman said there is no actual offence on the statute for cherry picking and therefore they have to deal with the activity at council level.


AND

Sussex wrote:
Not taking the first job as it's a s*** one.



In that case the Liverpool licensing department spokesman does not know his asre from his elbow!!!

This is an offence under Section 53 TPCA 1847 which reads;

53 Penalty on driver for refusing to drive

A driver of a hackney carriage standing at any of the stands for hackney carriages appointed by the commissioners, or in any street, who refuses or neglects, without reasonable excuse, to drive such carriage to any place within the prescribed distance, or the distance to be appointed by any byelaw of the commissioners, not exceeding the prescribed distance, to which he is directed to drive by the person hiring or wishing to hire such carriage, shall for every such offence be liable to a penalty not exceeding [level 2 on the standard scale]

Total Scouse-land plonker!!

No wonder the trade is in such a mess, when those that are supposed to be policing it don't know what they are doing!!!


Well you are right and funny enough that's the question I put to him but without knowing the circumstances we both could be wrong couldn't we. What would you say if the person was sat there with his light out not plying for hire? Someone comes along and says can you take me around the corner and the driver says I'm "booked". Someone else comes along and says take me 30 miles down the road and he suddenly becomes unbooked.

Refusing to drive only applies when you are actually plying for hire, In this circumstance as was pointed out to me, the driver was not plying for hire or refusing to drive because he said he was booked.

Its easily mistaken without knowing the circumstances.

regards

JD

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PostPosted: Sat Jul 26, 2008 2:10 pm 
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I suppose it has to do with the way Liverpools boundaries are laid out. a city driver would never ask for money up front if he was only going three miles. the Mersey Tunnel is right in the centre of Liverpool... they do loads of work through the pipe. just to the other side..

in the end I suppose it's what you find best that works in your city..... Merseyside police will always make sure the driver gets paid what is on his meter .... asking for money up front, particularly at this time.... can well be construed as cherry-picking......

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PostPosted: Sat Jul 26, 2008 3:18 pm 
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MR T wrote:
can well be construed as cherry-picking......


Obviously you believe what you say but please explain why you believe it could be construed as cherry picking?

Regards

JD

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PostPosted: Sat Jul 26, 2008 4:10 pm 
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JD wrote:
What would you say if the person was sat there with his light out not plying for hire? Someone comes along and says can you take me around the corner and the driver says I'm "booked". Someone else comes along and says take me 30 miles down the road and he suddenly becomes unbooked.

Refusing to drive only applies when you are actually plying for hire, In this circumstance as was pointed out to me, the driver was not plying for hire or refusing to drive because he said he was booked.

Its easily mistaken without knowing the circumstances.


I think the driver is still committing an offence under Section 53.

When the 1847 Act came in, there were no 'For Hire' lights. Hackney cabs/coaches stood on the road & could be hired, just like now. The light is just a convenience for the public.

The fact that his light was on or not makes no difference because of the driver's actions. He refused one customer, then without being hired by his 'booked' fare, he accepted another job.

IMO he has transgressed Section 53, light on or not.

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PostPosted: Sat Jul 26, 2008 4:43 pm 
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Brummie Cabbie wrote:
JD wrote:
What would you say if the person was sat there with his light out not plying for hire? Someone comes along and says can you take me around the corner and the driver says I'm "booked". Someone else comes along and says take me 30 miles down the road and he suddenly becomes unbooked.

Refusing to drive only applies when you are actually plying for hire, In this circumstance as was pointed out to me, the driver was not plying for hire or refusing to drive because he said he was booked.

Its easily mistaken without knowing the circumstances.


I think the driver is still committing an offence under Section 53.

When the 1847 Act came in, there were no 'For Hire' lights. Hackney cabs/coaches stood on the road & could be hired, just like now. The light is just a convenience for the public.

The fact that his light was on or not makes no difference because of the driver's actions. He refused one customer, then without being hired by his 'booked' fare, he accepted another job.

IMO he has transgressed Section 53, light on or not.


I would agree.
Unless his booked job cancelled on him between the two approaches? He may have to prove it though.

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PostPosted: Sat Jul 26, 2008 6:06 pm 
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MR T wrote:
you might remember that over 200 vehicles from the North came to support you in Birmingham on the day

Maybe that's why they lost. :?

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PostPosted: Sat Jul 26, 2008 6:35 pm 
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Sussex wrote:
MR T wrote:
you might remember that over 200 vehicles from the North came to support you in Birmingham on the day

Maybe that's why they lost. :?


Wrong yet Again :lol: :lol: :lol:

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PostPosted: Sat Jul 26, 2008 9:09 pm 
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JD wrote:
MR T wrote:
can well be construed as cherry-picking......


Obviously you believe what you say but please explain why you believe it could be construed as cherry picking?

Regards

JD
If a passenger is going outside of your area.... than you would quote him a price..... I would never under quote, I would over quote, and then give him the difference back at the end of the journey...... but if you over quote now they'll say you're cherry-picking.... it's not just about picking the best job it's also about overcharging....

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PostPosted: Sun Jul 27, 2008 8:43 am 
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MR T wrote:
JD wrote:
MR T wrote:
can well be construed as cherry-picking......


Obviously you believe what you say but please explain why you believe it could be construed as cherry picking?

Regards

JD
If a passenger is going outside of your area.... than you would quote him a price..... I would never under quote, I would over quote, and then give him the difference back at the end of the journey...... but if you over quote now they'll say you're cherry-picking.... it's not just about picking the best job it's also about overcharging....


I think what you are describing is overcharging, cherry picking is related to the type of job, whether long or short? If the job finishes outside his licensed area a driver can ask for any amount he chooses, . He can also state that the fare will be the clock plus a half, or a third, or double the clock, or whatever?

He can also ask for a deposit of his choosing but at the end of the day the driver has to comply with the terms of the contract hire. Therefore asking for a deposit upfront can in no way be construed as cherry picking.

Regards

JD

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PostPosted: Sun Jul 27, 2008 3:02 pm 
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JD wrote:
MR T wrote:
JD wrote:
MR T wrote:
can well be construed as cherry-picking......


Obviously you believe what you say but please explain why you believe it could be construed as cherry picking?

Regards

JD
If a passenger is going outside of your area.... than you would quote him a price..... I would never under quote, I would over quote, and then give him the difference back at the end of the journey...... but if you over quote now they'll say you're cherry-picking.... it's not just about picking the best job it's also about overcharging....


I think what you are describing is overcharging, cherry picking is related to the type of job, whether long or short? If the job finishes outside his licensed area a driver can ask for any amount he chooses, . He can also state that the fare will be the clock plus a half, or a third, or double the clock, or whatever?

He can also ask for a deposit of his choosing but at the end of the day the driver has to comply with the terms of the contract hire. Therefore asking for a deposit upfront can in no way be construed as cherry picking.

Regards

JD


This thread starts off about cab drivers overcharging... and then your next post brings in cherry-picking...... which really makes no odds...... the Liverpool public see them as the same..... if a driver is sitting off, telling the public he is not for hire, and then the public start to offer much more than the fair.... just to get home..... and he suddenly becomes free.... he is actually holding the public to ransom... and this goes on week after week.... it's no wonder that professional Liverpool Hackney drivers want them gone

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PostPosted: Mon Jul 28, 2008 9:51 am 
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MR T wrote:
This thread starts off about cab drivers overcharging... and then your next post brings in cherry-picking...... which really makes no odds...... the Liverpool public see them as the same


Well the Liverpool public are mistaken and they need to be educated, however I doubt they are as asinine as you make them out to be because I think they understand the difference between being selective and overcharging,

Taxi drivers in Liverpool are being suspended not because they overcharge but for sitting outside night clubs with their lights off knocking back jobs.

Quote:
if a driver is sitting off, telling the public he is not for hire, and then the public start to offer much more than the fair.... just to get home..... and he suddenly becomes free.... he is actually holding the public to ransom.


A driver can charge what he wants out of the area and if he charges more than the fare inside the area he is breaking the law. There is no distinction whatsoever between cherry picking and overcharging.


Quote:
and this goes on week after week.... it's no wonder that professional Liverpool Hackney drivers want them gone


If I was a Liverpool cab driver and someone wanted to sit around for 45 minutes while I did three or four jobs I'd be more than happy. There must be plenty of work in Liverpool if drivers can sit around for 45 minutes, I was under the impression they were complaining about there being no work in Liverpool because delta have taken it all.

The bottom line is that Cherry picking means selecting jobs and has nothing whatsoever to do with overcharging.

Regards

JD

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PostPosted: Mon Jul 28, 2008 11:27 am 
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Brummie Cabbie wrote:
I think the driver is still committing an offence under Section 53.

When the 1847 Act came in, there were no 'For Hire' lights. Hackney cabs/coaches stood on the road & could be hired, just like now. The light is just a convenience for the public.


But there was a flag and if the flag was down then the vehicle was perceived not to be for hire, by law.

Quote:
The fact that his light was on or not makes no difference because of the driver's actions. He refused one customer, then without being hired by his 'booked' fare, he accepted another job.


Each circumstance is based on its own individual facts and there are occasions when hackney carriages undertaking private bookings have to wait excessively long periods for their customers to arrive. Therefore it would be wrong to assume that everyone sat waiting for a job knocking back members of the public was breaking the law.

Quote:
IMO he has transgressed Section 53, light on or not.


You have a point but all prima facie cases are subject to interpretation of their individual facts and whereas in some cases you might gain a conviction, in others you might not.

Have a look at Hunt v Morgan

Regards

JD

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PostPosted: Mon Jul 28, 2008 5:56 pm 
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JD wrote:
MR T wrote:
This thread starts off about cab drivers overcharging... and then your next post brings in cherry-picking...... which really makes no odds...... the Liverpool public see them as the same


Well the Liverpool public are mistaken and they need to be educated, however I doubt they are as asinine as you make them out to be because I think they understand the difference between being selective and overcharging,

Taxi drivers in Liverpool are being suspended not because they overcharge but for sitting outside night clubs with their lights off knocking back jobs.

Quote:
if a driver is sitting off, telling the public he is not for hire, and then the public start to offer much more than the fair.... just to get home..... and he suddenly becomes free.... he is actually holding the public to ransom.


A driver can charge what he wants out of the area and if he charges more than the fare inside the area he is breaking the law. There is no distinction whatsoever between cherry picking and overcharging.


Quote:
and this goes on week after week.... it's no wonder that professional Liverpool Hackney drivers want them gone


If I was a Liverpool cab driver and someone wanted to sit around for 45 minutes while I did three or four jobs I'd be more than happy. There must be plenty of work in Liverpool if drivers can sit around for 45 minutes, I was under the impression they were complaining about there being no work in Liverpool because delta have taken it all.

The bottom line is that Cherry picking means selecting jobs and has nothing whatsoever to do with overcharging.

Regards

JD
The Liverpool press are combining the two as one .... so the Reports which you read are misleading... and as you gain your knowledge from these reports..... your knowledge is flawed...... but what do I know........... I only live here.....

:lol:

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 Post subject:
PostPosted: Mon Jul 28, 2008 10:09 pm 
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JD wrote:
Each circumstance is based on its own individual facts and there are occasions when hackney carriages undertaking private bookings have to wait excessively long periods for their customers to arrive.


Two minutes cash booking, ten minutes account job. Anything longer & the customer is taking you for a *****.

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