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PostPosted: Tue Nov 07, 2006 10:46 am 
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Here are some instances of making off without payment which in some cases has resulted in devastating consequencies for cab drivers.

In my experiance the offence of making off without payment is not restricted to the likes of drunks or social misfits. I know of one driver who took the late George Carmen QC and a questionable lady from a well known red light establishment in Manchester to an apartment where the driver was asked to wait until he returned. Needless to say George was well known for this kind of activity and he would often ask drivers to wait on his calling. The problem on this particular occasion was that George didn't show up which resulted in the cabbie being out of pocket by some 30 pounds. Back in the late 70's early 1980's 30 pounds was a considerable some of money.

There was however a satisfactory ending to the incident because the driver had the foresight to write to Mr Carmen at his Chambers requesting the payment of 30 pounds. It is no surprise that Mr Carmen duly sent the driver a cheque for the outstanding fare. I suspect payment for Mr Carmen was more desirable than the other alternatives that may have presented themselves on non payment?

The cabby in question has since retired but I wonder what value the cheque would have fetched at todays auction prices if he had not cached it, especailly with the type of story attached to the circumstances of how it was obtained?

....................................................................

1. South Wales Echo, September 7, 2006, Thursday, Two fare dodgers punched a Cardiff taxi driver until he felt broken teeth dropping into his mouth.

2. Herald Express (Torquay), July 1, 2006 Saturday, A Torbay taxi driver was beaten up when he tried to get a £5 fare from two men, a court has been told. David Doyle was yesterday jailed for 14 months for the attack on cabbie Gary Hesketh. The late-night assault left Mr Hesketh with facial injuries, three broken teeth and bruising to his body,

3. The Sun (England), April 4, 2006 Tuesday, TELLY girl Jade Goody was ARRESTED at a police station yesterday Jade's troubles began last month when she allegedly refused to pay a £ 65 taxi bill.

4. Cornish Guardian, March 23, 2006 Thursday A Bude man grabbed a taxi driver's arm while fleeing from a taxi after failing to pay his fare, Bodmin Magistrates were told.

5. Burnley Express, October 28, 2005, TWO youths who mugged a terrified cabbie have been jailed - while a third who shared in the spoils has kept his freedom. Burnley Crown Court heard how Terance Hartley 18, had pulled a cord around Mohammed Farooq's neck while James Bannister (15), pinched his hard-earned cash. Ricky Clayton (15), who had started the incident by suggesting they get a taxi and do a runner, was shocked by what followed and ran off but still took his share of the proceeds.

6. UK Newsquest Regional Press - This is Dorset, June 22, 2005, Security guard Christopher Cockerill-Wright is today beginning a four-and-a-half year prison sentence for robbery while Scott Hillier is serving the same length of time in a young offenders' institution. Bournemouth Crown Court heard how the pair threatened to torch taxi driver Vladmir Lakatos and punched him in the face while a second taxi driver Andrew Gillings was punched and robbed of £200.

7. UK Newsquest Regional Press - This is Essex, April 14, 2005, A man has been jailed for assaulting a taxi driver. Matthew Fearn punched the man and then ran off without paying for his fare. His former girlfriend made off as well but a court heard how she also kicked the taxi during the incident in Colchester last summer.

8. The West Briton, February 17, 2005, Refusing to pay an £8 taxi fee ended up costing a 22-year-old man nearly £300. Jamie Richards, of Agar Avenue, Troon, skipped the fare after a Christmas Eve drinking session but justice caught up with him at a Magistrates court in Truro last week.

9. Scunthorpe Evening Telegraph, February 16, 2005, Ryan Cowie (19), of St Albans Close, Scunthorpe, was one of four men picked up by a taxi at about 2.25am on February 10. The quartet got into the cab at St Albans Close and, after one of the group was dropped off, the others were driven into the town centre."The three got out of the taxi and made off without paying," prosecutor Dennis Aisthorpe told North Lincolnshire magistrates. Two were detained at the scene, one of whom was Cowie.

10. Birmingham Evening Mail, April 15, 2004, Thursday, A SANDWELL drug addict who dodged a pounds 15 taxi fare while on licence from prison was given a last chance by a court. Linval Letts ran off when the taxi stopped in Smethwick but was later arrested.

11. EVENING CHRONICLE (Newcastle, UK), March 20, 2004, A man who ran off without paying his taxi fare has been billed for it by magistrates. Alan [edited by admin], 47, caught a taxi from Whitley Bay to his home in Hazlerigg, Newcastle, at 1.30am on February 27. [edited by admin] told the driver he did not have enough cash for the whole journey, but later said he would pay him in full. When the car arrived at [edited by admin]'s home on Charles Street, and the cabbie asked for 16.40, [edited by admin] offered him 10 and said he could take his name and address and collect the rest later. But this offer was refused and [edited by admin] ran off up the street. Police were called and he was caught shortly afterwards.

12. UK Newsquest Regional Press - This is Wiltshire, February 12, 2004 DRUNKEN mother-of-six Joanne Humphreys slapped a cab driver and then made off without paying her fare after a bitter row with her boyfriend Chippenham magistrates were told. The driver from Chippenham's Easy Taxis was so traumatised he telephoned his control after Humphreys ran away and told them he was fed up with the behaviour of drunken passengers.

13. Eastern Daily Press, January 22, 2004, A 23-year-old woman caught by a taxi driver after running to avoid a £6 fare was told by a court yesterday to pay up. Janine Kirk ran from the car after being driven to an address on Normandy Road, Lowestoft, with two other passengers on January 14.

14. UK Newsquest Regional Press - This is Hertfordshire, August 19, 2003, A PAINTER and decorator punched a taxi driver after refusing to pay for a journey from St Albans to Watford. Justin Fracasso 31 of Cassio Road Watford has a history of violent offences it was revealed after he pleaded guilty to assault by beating and making off without payment.

15. UK Newsquest Regional Press - This is Worcestershire, August 5, 2003, TWO brothers who beat up a taxi driver after forcing their way into his cab during a drinking session have been jailed. He and his brother John both of Hunderton Road Hereford repeatedly punched the cabbie as he drove them and some friends to a pub in Hereford. Mr Mistry was also racially abused by Thomas Dixon said prosecutor Tim Hannam. At the end of the journey the brothers walked off without paying the £4 fare.

16. UK Newsquest Regional Press - This is Worcestershire, April 24, A TAXI driver assaulted a colleague and damaged his car after an all-day drinking binge Worcester Crown Court was told. Richard Jenkins had spent £45 on booze which included 12 pints of beer and five or six other drinks said Michael Aspinall prosecuting. He took a taxi to Spennells in Kidderminster but refused to pay the £3.20 fare punched driver Malik Hussain and smashed a rear light in his cab. Jenkins 39 of Woodfield Street Kidderminster who admitted making off without payment common assault and criminal damage was ordered to do 60 hours unpaid work for the community. He also had to pay £300 court costs and £100 compensation to Mr Hussain.

17. UK Newsquest Regional Press - This is Local London, February 18, 2003, A CHARLTON man who threw a saucepan through a taxi windscreen after dodging his fare has been jailed. James Hepburn, aged 52, of Blaker Court, threw the metal pan from his fourth floor window to avoid paying (GBP) 4.50, on November 2, last year.

18. UK Newsquest Regional Press - This is The NorthEast, February 4, 2003, A MAN who found it difficult to cope following his mother's death attacked a cabbie taking him home from a night out. Andrew Crawford attacked taxi driver Andrew Duncan after he had been driven from the centre of Harrogate to Starbeck at 3am. He punched him in the face, breaking his glasses and leaving him with a black eye. Crawford, 34, then got out of the cab and ran off without paying. He was found guilty of assault and making off without payment and ordered to do 150 hours of unpaid community work, pay costs of (GBP) 300 and compensation to Mr Duncan of (GBP) 100 for his injuries, (GBP) 20 for repair to his glasses and (GBP) 4.65 for the fare.

19. The Sentinel (Stoke), January 28, 2003, An Argument over a taxi fare ended with the passenger kicking the vehicle and causing more than GBP 300 damage. Troubled flared up shortly after Sabir Hussain picked up Peter Colclough from a pub, Stoke-on-Trent magistrates heard. Andrew Walters, prosecuting, said an argument developed over the fare and the defendant got out kicking the taxi, causing GBP 324.30 damage. Colclough, aged 34, of Chelmsford Drive, Bentilee, pleaded guilty to criminal damage and making off without payment. He was given a 12-month conditional discharge, told to pay GBP 324.30 compensation, GBP 4 fare and GBP 50 costs.


20. UK Newsquest Regional Press - This is Wiltshire, November 10, 2002, A TAXI driver chased after a woman who tricked him out of his fare. Shirley Dobroczynska, 36, fled from David Carter after he drove her from Trowbridge to Westbury. Mr Carter gave chase but fell over. When she came to help him up Mr Carter took her back to the taxi and called police. Prosecutor Michelle Hewitt said Dobroczynska, of Gryphon Road, Westbury, ordered the taxi from her friend's house in Studley Rise but jumped out when it arrived in Westbury. Mrs Hewitt said that after catching the runaway, the driver called the police and officers took her to Melksham police station for questioning. " Dobroczynska wanted to get home to see her children but forgot to borrow money off her friend for the fare. She admitted charges of making off without payment and a public order offence, and was sentenced to 50 hours of community service and also ordered to pay GBP 38.40 compensation.

21. EVENING CHRONICLE (Newcastle, UK), May 5, 2001, A taxi driver has been left too nervous to work nightshift after a drunken fare dodger smashed a rock into his face. Lee Surtees, launched the attack after 57-year-old cabby Peter Arnold drove him from the Copthorne Hotel, on Newcastle's Quayside, to Pelaw. He crept up behind Mr Arnold and struck him with great force said John Evans, prosecuting at Newcastle Crown Court. The blow caused a three inch long gash beneath Mr Arnold's lip. Surtees, 22, of Saxondale Road, North Kenton, was jailed for 18 months after admitting wounding, making off without payment, and smashing a house window with a brick minutes after the attack.

22. Evening Herald (Plymouth), March 13, 2001, A MAN who head butted a Plymouth taxi driver has been sent to prison for 42 days by city magistrates. Brian Webber, 61, became abusive in the taxi taking him to his home in Taunton Avenue, Whitleigh, on February 10, the court heard. The taxi driver locked the door of his cab, but Webber started kicking the doors from the inside. The driver let him out but when asked to pay his taxi fare Webber head butted him, the court was told. The driver's glasses were broken in the assault, causing cuts to the side of his nose. In court, Webber pleaded guilty to common assault and to making off without payment of the taxi fare.

23. Grimsby Evening Telegraph, November 25, 2000, A GRIMSBY mother took a taxi home and forgot to pay her fare because she was worrying about the impending birth of her fourth child, Grimsby magistrates were told. Sandra Brown (34) of Burns Grove, pleaded guilty to making off without payment and was conditionally discharged for one year. She was also ordered to pay GBP 55 towards prosecution costs. Prosecuting, Mark Kendall said Brown was taken by the taxi to her home in the early hours of May 2, this year. When she got to her address, she told the driver she had to go inside to get some money. She never returned to pay the GBP 4.50 fare. Brown, who was not represented in court, said: "I am sorry. I just completely forgot about paying."

24. Express & Echo (Exeter), April 16, 1998, A PASSENGER who got an Exmouth taxi to take him home to Bristol made off without paying the GBP 50 fare. Exmouth magistrates yesterday imposed fines and costs totalling GBP 120 on Russell Robert Brown of Pucklechurch, Bristol, after he pleading guilty to making off without payment. He was also ordered to pay the taxi firm GBP 50 compensation after the court heard how police had warned operators about Brown as he left the town in the cab last October.

25. The Northern Echo, January 25, 1996, A NEWCASTLE United footballer failed to appear for a court hearing as he is in hospital. Malcolm Allen, whose career is threatened by a long-term injury, is charged with bilking, making off without payment from a taxi. The incident is alleged to have taken place last October in Pity Me, near Durham, following a taxi journey from Newcastle's Quayside. Allen, 28, of Chester Moor, near Chesterle-Street, was due before magistrates in Durham yesterday, but his solicitor, John Marshall, said he was taken into hospital on Sunday. He did not say what was the cause of the hospital admission, but the Welsh international, signed by United from Millwall three years ago, has suffered from a persistent knee injury which has put his future in the game in jeopardy.
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PostPosted: Tue Nov 07, 2006 10:52 am 
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This demonstrates how important it is to keep 150 year old legislation. This bunch of criminals would have been sent to Australia or hung 150 years ago :)

On a more serious note it does show the increasing need to install cctv, a bargain at £600 in my opinion

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PostPosted: Tue Nov 07, 2006 11:22 am 
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herfordian wrote:
This demonstrates how important it is to keep 150 year old legislation. This bunch of criminals would have been sent to Australia or hung 150 years ago :)

On a more serious note it does show the increasing need to install cctv, a bargain at £600 in my opinion


The 150 year legislation is quite specific on how to treat non payers, however that particular outdated section of the 1847 act has been replaced by modern legislation. The offences of assualt which are attached to many of these instances of making off without payment are of course unrelated to the offence of non payment.

1847 act. Section 66. Fare unpaid may be recovered as a penalty If any person refuse to pay on demand to any proprietor or driver of any hackney carriage the fare allowed by this or the special Act, or any byelaw made thereunder, such fare may, together with costs, be recovered before one justice as a penalty.

Amendment
Repealed by the Criminal Damage Act 1971, s 11.8, Schedule, Pt I, and SI 1977/426, art 13(6),Sch2.
.....................................................................

The most potent act to secure a conviction of non payment is probably the 1978 Theft act as amended by the 2002 Police reform act. Below are the statutory Powers of arrest.

"Making Off Without Payment - Theft Act s. 3 Statutory power of arrest, Two years' imprisonment on indictment; six months' imprisonment and/or fine on summarily conviction".

The act itself.

The Theft Act 1978, s. 3 states:

(1) Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected of him, dishonestly makes off without having paid as required or expected and with intent to avoid payment due shall be guilty of an offence.

(2) For purposes of this section 'payment on the spot' includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3) Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.

(4) Any person may arrest without warrant anyone who is, or whom he, with reasonable, suspects to be, committing or attempting to commit an offence under this section.

* Arrestable Offence as amended 01/09/02 under Police Reform Act 2002

..............................................

Regards

JD


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PostPosted: Tue Nov 07, 2006 11:28 am 
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herfordian wrote:
On a more serious note it does show the increasing need to install cctv


Maybe someone might be able to adapt some of these gadgets - can't believe the prices.:shock:

http://stores.ebay.co.uk/Bargain-CCTV-Camera-Outlet_W0QQsspagenameZADMEQ3aBQ3aFSELQ3aUKQ3a3QQtZkm

Have to consider the legal angle though. GMB what's the verdict?

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PostPosted: Tue Nov 07, 2006 11:44 am 
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Oh dear JD does this mean I can not tie them to the back of my horse and drag them through the streets :(

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PostPosted: Tue Nov 07, 2006 1:51 pm 
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This idea could work, all you would need is a remote control video recorder, with long play and with CD (its better than the tapes) you could use the fag lighter to power it, when someone gets in hit record for about 10 seconds then you have your evidence if something goes wrong, all it would need is clearance from the council and for you to display a warning notice that CCTV is used, and at less than half the cost of the ones that are available to the trade, and no rental either


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PostPosted: Tue Nov 07, 2006 2:02 pm 
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skippy41 wrote:
This idea could work, all you would need is a remote control video recorder, with long play and with CD (its better than the tapes) you could use the fag lighter to power it, when someone gets in hit record for about 10 seconds then you have your evidence if something goes wrong, all it would need is clearance from the council and for you to display a warning notice that CCTV is used, and at less than half the cost of the ones that are available to the trade, and no rental either


But I think I heard somewhere that there was an issue with access to the data.

GMB ....calling GMB.

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PostPosted: Tue Nov 07, 2006 5:35 pm 
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herfordian wrote:
Oh dear JD does this mean I can not tie them to the back of my horse and drag them through the streets :(

Go on give it a go. :wink:

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PostPosted: Tue Nov 07, 2006 5:54 pm 
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The Theft Act 1978, s. 3 states:

(1) Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected of him, dishonestly makes off without having paid as required or expected and with intent to avoid payment due shall be guilty of an offence.

(2) For purposes of this section 'payment on the spot' includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3) Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.

(4) Any person may arrest without warrant anyone who is, or whom he, with reasonable, suspects to be, committing or attempting to commit an offence under this section.

* Arrestable Offence as amended 01/09/02 under Police Reform Act 2002
..............................................

Regards

JD


I really am glad you put this up, I was beginning to think it didn't exist, this is what the police in Sefton have hanging on the wall, with a big notice saying in regard to hackney and private hire drivers.....T.

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PostPosted: Tue Nov 07, 2006 8:26 pm 
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The last "runner" that dared not to pay me! basically it was oops!!! haven't got any money, I'll go inside and gets some, oops can't get in!!! only £3.50, but!!! it's not the dosh, it's the "your a mug" written on your forehead. luckily a police car passes by, I flag it and explain to the officer the situation, basically I want something that belongs to the young man, as a guarantee, all of a sudden the young man manages to open his front door with a key!!! the Officer follows the young man to retrieve something of value; a few moments later out comes the Officer with a box, apparently the only thing the young man had of value were his brand new Rebok trainers, some might think me harsh, but taking a stand is what it is all about!! Never got my £3.50, Husbands size 9 Rebok fit perfectly, the funny side of this is the fact that the Officer, in my opinion, probably passed stolen goods to me!!!

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PostPosted: Tue Nov 07, 2006 11:23 pm 
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I know a driver who requested the punters shoes (the ones he was wearing) before allowing him out of the cab to get the money from "his house"

The punter then by some miracle found a fiver in his back pocket. :lol:


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PostPosted: Tue Nov 07, 2006 11:31 pm 
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Of course if a person enters the vehicle with no means of payment and no intention to pay, I would suggest the more serious offence of deception would be complete.


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