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14 Taxi Drivers suspended.

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tom2907

Post subject: appeals

Posted: Sun Aug 01, 2010 1:17 pm

Joined: Wed Jun 17, 2009 1:38 pm
Posts: 431

Sussex is partially right. The council have suspended the Lads on "any reasonable grounds" of the LGMPA 1976. The right of appeal lies in the 1936 public health act. You must lodge an appeal within 21 days of notification. The council cannot take any action to stop you working until the appeal is heard.

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Sussex

Post subject:

Posted: Sun Aug 01, 2010 5:13 pm

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57355
Location: 1066 Country

Skull wrote:

Here's a thought.

Sussex, why don't you set up a fighting fund? You could put a donate now with Pay Pal button on TDO, to lend these guys financial support? Surely, if their case is in the collective interests of all cabbies then why not back them up?

I for one, would put my hand in my pocket to turn this council over in court.

I understand what you are saying, but I think we need to get it sorted from the gov.

I would suggest drivers who think their council is considering this join a union beforehand.

Then when the poo does hit the fan, if they have joined the right union, they can have the right support to sort this abuse of the law.

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IDFIMH

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captain cab

Post subject:

Posted: Sun Aug 01, 2010 8:41 pm

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan

Skull wrote:

“All this” as you put it, is about giving away control over your trade to autocratic councillors.

You are mistaken here Gary.

The LO has full delegated powers.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

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Brummie Cabbie

Post subject:

Posted: Sun Aug 01, 2010 8:51 pm

Joined: Thu Jun 26, 2008 3:11 pm
Posts: 8119
Location: A Villa in Aston NO MORE!

Nigel wrote:

20 drivers have been suspended upto yet. As for the appeal the Council have told them there's a 6 week wait at the court for a hearing.

So what??

As soon as they have logded the paperwork with the court for an appeal, ALL those who have appealed can continue working pending the appeal.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
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captain cab

Post subject:

Posted: Sun Aug 01, 2010 9:01 pm

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan

Public Health Act 1936

300 Appeals and applications to courts of summary jurisdiction .

(1)Where any enactment in this Act provides—.

(a)for an appeal to a court of summary jurisdiction against a requirement, refusal or other decision of a council; or.

(b)for any matter to be determined by, or an application in respect of any matter to be made to, a court of summary jurisdiction,.
the procedure shall be by way of complaint for an order, and the Summary Jurisdiction Acts shall apply to the proceedings.

(2)The time within which any such appeal may be brought shall be twenty-one days from the date on which notice of the council’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal..

(3)In any case where such an appeal lies, the document notifying to the person concerned the decision of the council in the matter shall state the right of appeal to a court of summary jurisdiction and the time within which such an appeal may be brought.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

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captain cab

Post subject:

Posted: Sun Aug 01, 2010 9:03 pm

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan

Recently in Tendring drivers have appealed to the magistrates against council decisions for the same offences.

All have lost.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

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Skull

Post subject:

Posted: Mon Aug 02, 2010 3:17 am

Joined: Thu Feb 10, 2005 4:54 am
Posts: 10460

captain cab wrote:

Skull wrote:

“All this” as you put it, is about giving away control over your trade to autocratic councillors.

You are mistaken here Gary.

The LO has full delegated powers.

CC

I know what powers the LA's, have, I've been in court with them often enough.

The Elephant in the room is the Human Rights Act. It's our only weapon against LA's abusing their powers. All legislation is supposed to be read in accordance with Human Rights, and not just paid lip service. Councils will carry on regardless until they are forced to change. It's the way the system works. If you can show how the current legislation is incompatible with HR, the process has to be changed.

I think most councils are out of control.

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

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Nigel

Post subject:

Posted: Mon Aug 02, 2010 10:43 am

Sussex wrote:

Nigel wrote:

Sussex wrote:

Nigel wrote:

20 drivers have been suspended upto yet. As for the appeal the Council have told them there's a 6 week wait at the court for a hearing.

They can still apply for a stay on the suspension.

The court takes fresh applications every day.

These lads need to go and see a solicitor.

Have you got any papers saying that Sussex??

Their letter telling them about the suspension must say that they have 28 days to appeal.

If they lodge that appeal with the mags court they can apply to have the suspension delayed until a full hearing. And that will happen.

If the lads don't want to pay for a solicitor I suggest they go to the Citizens Advice, and speak to the press, and go seek their MP.

But they need to do things now.

There is no appeal allowed Sussex, I've just looked at a previous letter which I had from the Council.

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Sussex

Post subject:

Posted: Mon Aug 02, 2010 6:15 pm

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57355
Location: 1066 Country

Nigel wrote:

There is no appeal allowed Sussex, I've just looked at a previous letter which I had from the Council.

If they haven't put the 21 days info on the letters then they are invalid.

Someone needs to inform the council that now.

_________________
IDFIMH

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Nigel

Post subject:

Posted: Mon Aug 02, 2010 7:25 pm

Sussex wrote:

Nigel wrote:

There is no appeal allowed Sussex, I've just looked at a previous letter which I had from the Council.

If they haven't put the 21 days info on the letters then they are invalid.

Someone needs to inform the council that now.

I'm sure someone will tell the Council.

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Nigel

Post subject:

Posted: Mon Aug 02, 2010 7:35 pm

Sussex wrote:

Nigel wrote:

There is no appeal allowed Sussex, I've just looked at a previous letter which I had from the Council.

If they haven't put the 21 days info on the letters then they are invalid.

Someone needs to inform the council that now.

Here's the best thing the Council are saying they want £200 to appeal then another £300 on the day of hearing at court.

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captain cab

Post subject:

Posted: Mon Aug 02, 2010 7:51 pm

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan

Hackney carriages and private hire vehicles

52
Immediate suspension and revocation of drivers' licences .

(1)

Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London) is amended as follows. .

(2)

In section 61 (suspension and revocation of drivers' licences), after subsection (2) insert— .

“(2A)
Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section. .

(2B)
If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.” .

(3)

In subsection (3) of that section, after “under” insert “subsection (1) of”. .

(4)
In section 77 (appeals), after subsection (2) insert— .
“(3)
Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.”

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

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Brummie Cabbie

Post subject:

Posted: Mon Aug 02, 2010 7:54 pm

Joined: Thu Jun 26, 2008 3:11 pm
Posts: 8119
Location: A Villa in Aston NO MORE!

captain cab wrote:

I don't think over-ranking is classed in the same division as rape, murder, manslaughter & the like.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

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captain cab

Post subject:

Posted: Mon Aug 02, 2010 7:55 pm

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan

Brummie Cabbie wrote:

I don't think over-ranking is classed in the same division as rape, murder, manslaughter & the like.

Yes I agree, and local authorities shouldnt have this power.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

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Sussex

Post subject:

Posted: Mon Aug 02, 2010 7:57 pm

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57355
Location: 1066 Country

Nigel wrote:

Sussex wrote:

Nigel wrote:

There is no appeal allowed Sussex, I've just looked at a previous letter which I had from the Council.

If they haven't put the 21 days info on the letters then they are invalid.

Someone needs to inform the council that now.

Here's the best thing the Council are saying they want £200 to appeal then another £300 on the day of hearing at court.

The Captain listed the act which applies to appeals and the like in relation to our trade and councils.

Your council hasn't adhered to that.

_________________
IDFIMH

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