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PostPosted: Thu Jan 08, 2009 5:17 pm 
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Location: Chichester
Due to total inaction by our local council, we have undertaken our own “test purchases”.

In order to pursue a number of private prosecutions against private hire and other drivers, their names and addresses, their insurance status and any details of (supposed) pre-bookings are required as evidence – which the council are authorised, by law, to obtain.

As registrations and plate numbers have all been logged, the details should be readily to hand by the LO.

However, without names and addresses, prosecutions cannot proceed, but the council will not release details unless a prosecution is under way! - Catch 22.

Obviously, a prosecution would prove their ineptitude in any case, so a further reason for them to be, let us say less than helpful!

Any ideas how I can proceed?


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PostPosted: Thu Jan 08, 2009 5:21 pm 
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Names should be easy, they should be on the drivers badge. Probably the easiest way to get an address would be to follow the person home.

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PostPosted: Thu Jan 08, 2009 5:27 pm 
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Doc G wrote:
Due to total inaction by our local council, we have undertaken our own “test purchases”.

In order to pursue a number of private prosecutions against private hire and other drivers, their names and addresses, their insurance status and any details of (supposed) pre-bookings are required as evidence – which the council are authorised, by law, to obtain.

As registrations and plate numbers have all been logged, the details should be readily to hand by the LO.

However, without names and addresses, prosecutions cannot proceed, but the council will not release details unless a prosecution is under way! - Catch 22.

Obviously, a prosecution would prove their ineptitude in any case, so a further reason for them to be, let us say less than helpful!

Any ideas how I can proceed?


How did you go about the test purchases, did you get the badge numbers? Did you have a witness? Did you record the cconversation? Did you take photograghs?

The council won't prosecute on your behalf you are going to have to get your own solicitor or prosecute the case yourself, which is not that difficult.

Write to the offending councils asking them for the details of the drivers behind the badge numbers and the details of the vehicle owners and that the purpose is for a prospective prosecution under the 1847 act. The details are kept in a public register so they should have no problem divulging that information. If they decline then a court of law will make them give you the information.

Regards

JD

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PostPosted: Thu Jan 08, 2009 5:32 pm 
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Location: Chichester
The majority had neither a badge worn on their person, or on display in the vehicle, unfortunately. Another symptom of a council that does not give a monkeys, and will not properly enforce their own rules eusasmiles.zip

Following them is a thought - but would we be leaving ourselves open for trouble (stalking or something?)


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PostPosted: Thu Jan 08, 2009 5:32 pm 
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However, without names and addresses, prosecutions cannot proceed, but the council will not release details unless a prosecution is under way! - Catch 22


I thought PH were supposed to Carry insurance Proof and a List of LA Regulations and code of Conduct with them In case any Passenger requested to see them, their names and addresses would be on those...why not Simply ask the driver to show you them. Or does that Give away the fact that your A vigilante type group and not an official government recognised body??


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PostPosted: Thu Jan 08, 2009 5:40 pm 
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Doc G wrote:
The majority had neither a badge worn on their person, or on display in the vehicle, unfortunately. Another symptom of a council that does not give a monkeys, and will not properly enforce their own rules eusasmiles.zip

Following them is a thought - but would we be leaving ourselves open for trouble (stalking or something?)


Did you get the plate numbers and vehicle registration number? You can get the details off DVLA if you have the license plate number because it involves a prosecution.

Send me the details.

Regards

JD

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PostPosted: Thu Jan 08, 2009 5:45 pm 
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JD

I have been to the local magistrates, but they say they (obviously) cannot proceed without a name and address to prosecute under.

The Council say they will neither act on our information (probably because they know they are in the wrong by not enforcing) and say that irrespective of the intended prosecutions they will not release details that they consider to be private, and not public domain - despite being in the knowledge that these are serious (level 4) criminal matters, and need to be taken through the courts.

You did say that the details are kept in a public register, can anybody point me at the relevant legislation that allows access - the councils insist that an FOI request will not do either.

The other problem is that I have no problem with owner drivers, but company vehicles will need to have the driver properly identified - unless the company can be prosecuted?.


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PostPosted: Thu Jan 08, 2009 5:59 pm 
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In reply to Bloodnock:

(n). A Vigilantee is an unauthorized person who conduct a trial on the accused persons with or without collecting evidences or ascertaining the truth and confer punishment to the accused considering the depth of crime involved. A Vigilantee is not legally authorized person to do such trials and order punishments. They get the authority from social status, knowledge, wealth, reputation, physical power etc.

With respect, I accept I am not an "authorised person", but I do represent a large number of very p*ssed off drivers.

We are therefore collecting evidence, in a responsible manner, to present to a court of law for their attention and action - which the relevant councils should be doing under the raft of legislation they (supposedly) operate under.

If due process is carried out, whatever the outcome in the courts, I will be satisfied.

When you say:
Quote:
does that Give away the fact that your A vigilante type group and not an official government recognised body??

Our intention was to protect our witnesses and not provoke confrontation.


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PostPosted: Thu Jan 08, 2009 6:34 pm 
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Doc G wrote:
In reply to Bloodnock:

(n). A Vigilantee is an unauthorized person who conduct a trial on the accused persons with or without collecting evidences or ascertaining the truth and confer punishment to the accused considering the depth of crime involved. A Vigilantee is not legally authorized person to do such trials and order punishments. They get the authority from social status, knowledge, wealth, reputation, physical power etc.

With respect, I accept I am not an "authorised person", but I do represent a large number of very p*ssed off drivers.

We are therefore collecting evidence, in a responsible manner, to present to a court of law for their attention and action - which the relevant councils should be doing under the raft of legislation they (supposedly) operate under.

If due process is carried out, whatever the outcome in the courts, I will be satisfied.

When you say:
Quote:
does that Give away the fact that your A vigilante type group and not an official government recognised body??

Our intention was to protect our witnesses and not provoke confrontation.


My my..we've hit a raw nerve here :shock:

Dictionary Definition of Vigilante: One who takes or advocates the taking of law enforcement into one's own hands.


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PostPosted: Thu Jan 08, 2009 6:35 pm 
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bloodnock wrote:

My my..we've hit a raw nerve here :shock:


I thought they'd joined a well known Union?

CC

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PostPosted: Thu Jan 08, 2009 6:45 pm 
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Doc G wrote:
You did say that the details are kept in a public register, can anybody point me at the relevant legislation that allows access - the councils insist that an FOI request will not do either.

For hackney carriage owners;

Section 42 of the 1847 act. Licences to be registered.

Every licence shall be made out by the clerk of the commissioners, and duly entered in a book to be provided by him for that purpose; and in such book shall be contained columns or places for entries to be made of every offence committed by any proprietor or driver or person attending such carriage; and any person may at any reasonable time inspect such book, without fee or reward.


For private hire drivers;

Section 51 (3) of the 1976 act.

It shall be the duty of a council by which licences are granted in pursuance of this section to enter, in a register maintained by the council for the purpose, the following particulars of each such licence, namely—
(a) the name of the person to whom it is granted;
(b) the date on which and the period for which it is granted; and
(c) if the licence has a serial number, that number, and to keep the register available at its principal offices for inspection by members of the
public during office hours free of charge.


Just for the record have you ruled out the Ombudsman?

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PostPosted: Thu Jan 08, 2009 6:47 pm 
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captain cab wrote:
bloodnock wrote:

My my..we've hit a raw nerve here :shock:


I thought they'd joined a well known Union?

CC

Clearly they wish to go it alone. I wish them well.

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PostPosted: Thu Jan 08, 2009 6:51 pm 
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Sussex wrote:
Clearly they wish to go it alone. I wish them well.


So do I, however, I do think they'd be better off in either a Union or association, even if just for advice.

CC

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PostPosted: Thu Jan 08, 2009 6:53 pm 
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captain cab wrote:
Sussex wrote:
Clearly they wish to go it alone. I wish them well.


So do I, however, I do think they'd be better off in either a Union or association, even if just for advice.

I know they will, but at least they are giving it a go. =D>

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PostPosted: Thu Jan 08, 2009 6:56 pm 
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Sussex wrote:
I know they will, but at least they are giving it a go. =D>


And making a rickett of it from the look of it, however, I do wish them luck.

CC

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