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PostPosted: Tue Nov 18, 2008 11:44 am 
gusmac wrote:
captain cab wrote:
Sussex wrote:
jasbar wrote:
But not if your application is incorporated in an LLP or PLC.

Legal aid is for individuals only.

Can only firms apply for plates then? :?


You miss the point....if they do it Jims way they wont lose they're house if they lose a case, they'll just call in administrators.

The only people it costs are the tax payers.....which is quite fair :roll:

CC


Actually you are both missing the point.
Scottish plates are non-transferable. The plate market gets round this by applying for the plate in the name of a company. The company then gets sold with the plate.


The salient point here is that plates are non-transferable.

Incorporation means that a licence can be applied for by a limited liability partnership or company. This brings the protections against outstanding legal costs incurred.

However, in the case of existing single owned licences, the council charged the full licence fee to allow these to be altered to incorporated licences.

This involved a transfer from the single to the incorporated. And the Act states clearly that the licences are not transferable, a clear contravention and therefore illegal.

The council explains this by stating that they terminate a licence and issue a new one, it is not the same licence and therefore not transferred.

But, the same licence plate is used and they allocated the new licences without any reference to the interested parties list where, according to their own policy, any new licences should be issued from.

The council just made it up as they went along. However, it would take a court proceeding, probably all the way to the court of session to settle it. Although, a judicial review could be framed to include this aspect, along with other aspects of the council's administration of taxi licencsing. Funding would be the problem for this, as it would take legal representation, probably QC, to make the case.

If the numbers come up on saturday we will be off and running without a doubt.

*********

Incidentally, in the recent case of the application that was allowed to fall by Macdonald, I understand from him that the legal advice given him was that he would be subject to considerable legal costs if he lost his case. I understand that the advice given to him from his legal team was that the LLP would not protect him against these.

I contend that this is patently wrong, the 3maxblack case being the proof, where the council did not recover any of the court costs from the failed applicant (Incidentally, the parallel cases went on to win their licences, as would 3maxblack had it pursued the matter through the appeal process).

Doesn't this beg the question what the motives of his legal team were, and who were they really serving?

So, in the face of such advice Macdonald withdrew and reapplied 2 days later.

(It remains to be seen whether he was acting on advice from his lawyers, whether they knew something Macdonald is not divulging. This would serve to explain some extraordinary behaviour and action in this matter.)


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 Post subject:
PostPosted: Tue Nov 18, 2008 11:28 pm 
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gusmac wrote:
captain cab wrote:
Sussex wrote:
jasbar wrote:
But not if your application is incorporated in an LLP or PLC.

Legal aid is for individuals only.

Can only firms apply for plates then? :?


You miss the point....if they do it Jims way they wont lose they're house if they lose a case, they'll just call in administrators.

The only people it costs are the tax payers.....which is quite fair :roll:

CC


Actually you are both missing the point.
Scottish plates are non-transferable. The plate market gets round this by applying for the plate in the name of a company. The company then gets sold with the plate.


They are transferable in Renfrewshire !

All that is required is £54 and the filling out of this form http://www.renfrewshire.gov.uk/ilwwcm/p ... eissue.pdf


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 Post subject:
PostPosted: Wed Nov 19, 2008 3:25 am 
Yes, but NOT according to the Civic Government (Scotland) Act 1982 which says that licences are NOT transferable.


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 Post subject:
PostPosted: Wed Nov 19, 2008 5:11 pm 
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jasbar wrote:
Yes, but NOT according to the Civic Government (Scotland) Act 1982 which says that licences are NOT transferable.


That's right jasbar, but when have local authority licensing departments & their solicitors had any regard for the law ?


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PostPosted: Wed Nov 19, 2008 6:00 pm 
You're right. They do what they like, when they like, to whomsoever they like in the full and certain knowledge that while they have the deep pocket of the public purse to fund their defence, the other side invariably has limited funds to argue their case in court.

That's why democracy doesn't work. That's why government is unfair.

That's why I will NEVER exercise my vote again.

All voting does is prop up politician's illusion that the system works and that they are accountable.

They are not.


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PostPosted: Wed Nov 19, 2008 6:06 pm 
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jasbar wrote:

That's why democracy doesn't work. That's why government is unfair.



Cant remember Communism or Fascism being too successful

CC

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PostPosted: Wed Nov 19, 2008 7:21 pm 
Are you saying they are the only two alternatives?

Are you saying that we should accept that Democracy couldn't ever work?

:?:


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PostPosted: Wed Nov 19, 2008 7:22 pm 
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jasbar wrote:

Are you saying that we should accept that Democracy couldn't ever work?

:?:


No, your saying that.

CC

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PostPosted: Wed Nov 19, 2008 11:40 pm 
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captain cab wrote:
jasbar wrote:

Are you saying that we should accept that Democracy couldn't ever work?

:?:


No, your saying that.

CC


No CC, you're saying "that" - think about it! You're the one that kisses a*s when required. We, accept accountability - you give it. You accept anything - as long as it comes for above. We, accept nothing - we don't give a feck, unless, "it" speaks for itself. You need to be told - we don't . . . .

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PostPosted: Thu Nov 20, 2008 12:21 am 
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Skull wrote:

No CC, you're saying "that" - think about it! You're the one that kisses a*s when required. We, accept accountability - you give it. You accept anything - as long as it comes for above. We, accept nothing - we don't give a feck, unless, "it" speaks for itself. You need to be told - we don't . . . .


I refer you to Jasbars post;

Quote:
That's why democracy doesn't work


regards

CC

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PostPosted: Thu Nov 20, 2008 12:51 pm 
Of course, as currently constituted democracy doesn't work. Do you doubt this?

How was it democratic to go to war with Iraq? Even the UN secretary General Kofi Annan stated that it was illegal? And Afghanistan? And summary justice? Detention without trial? Who voted for any of this? Where is the accountability.

Blair should have been impeached as a war criminal. But unless you're part of the control group, you can't do this.

My mistake in life was to believe that the conflict was between political left and right. Free versus planned economics. Labour versus Tory. Communism versus socialism. Russia versus America. Fascism versus democracy. Poor versus the rich.

All of this was wrong. The real tension is between those who have control and those who are controlled. The rest of the above is just window dressing.

Consider how our government has just spent billions of our cash bailing out those who have the control and who got it wrong. They allowed their greed to destabilise their control system. Yet, the political party which professes to be represent the common interest couldn't spend our money quick enough to ensure the continued control over us.

Democracy could work. But it would have to be in a different shape to that it is in today. It's no longer good enough to invest the small bit of power we have, our vote, with an individual who collects these together and then ignores us until he needs it refreshed. Who does whatever he wants. Who becomes so embedded in the system as to become part of the illusion of popular power.

Which is probably where the wisdom of Anarchy comes in. You become an Anarchist when you no longer believe that the current system is capable of reinventing itself in a fair way. That the bureaucratic system is so designed to ensure maintainance of the status quo that no real change can be effected. That you need to remove this bureaucratic system.

The council's administration of the taxi trade in Edinburgh is a perfect, albeit minor, example of precisely how this machine works.

It doesn't take anyone coming into contact with the machine very long to recognise how flawed it is.


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PostPosted: Thu Nov 20, 2008 3:36 pm 
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Start a campaign Jim :roll:

CC

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PostPosted: Sat Nov 22, 2008 12:24 pm 
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captain cab wrote:
Start a campaign Jim :roll:

CC



I take it that you agree with Jim, CC?

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PostPosted: Sat Nov 22, 2008 1:00 pm 
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Skull wrote:
captain cab wrote:
Start a campaign Jim :roll:

CC



I take it that you agree with Jim, CC?


No, just saying if he's that concerned he should start a campaign.

CC

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PostPosted: Sun Nov 23, 2008 6:51 pm 
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captain cab wrote:
Skull wrote:
captain cab wrote:
Start a campaign Jim :roll:

CC



I take it that you agree with Jim, CC?


No, just saying if he's that concerned he should start a campaign.

CC


Who's side would you be on? Supposing you had to choose . . . are you one of them or one of us?

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