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 Post subject: Need Some Advice :(
PostPosted: Thu Mar 01, 2007 4:09 am 
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Hi all new here

I need some advice from you guys, My local council recently had to issue 18 disabled plates for hackneys there was a criteria attached having to have held a hackney carriage / drivers license for a period of 5yrs (thats the exact wording), have to take a knowledge test (daft as if i failed i could still have driven my rented hack), attended a disability awarness course (again why if i was renting a tx2 i woulnd`nt have had to have done it) , you couldnt transfer the plate out of your name for 5yrs, and a few more things. Anyway it was always intended by the association that the 5yr license was a dvla license so i applyed having held my badge for a period of just under 4yrs, i took the required knowledge and disability tests at my own cost got allocated a plate even got conformation in writing then had a phone call from the licensing officer saying a could`nt have 1 they had rechecked there records and i had`nt held a badge for 5yrs. (by the way the licensing officer is a complete jobs worth, and is well known for hating hack drivers ) anyway heres my question out of 3 ppl that apllied and got excepted then rejected im the only one with a letter comfirming this so if i was to take this to court (breach of contract or something) what would my chances be of winning?


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 Post subject: Re: Need Some Advice :(
PostPosted: Thu Mar 01, 2007 4:32 am 
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roady wrote:
Hi all new here

I need some advice from you guys, My local council recently had to issue 18 disabled plates for hackneys there was a criteria attached having to have held a hackney carriage / drivers license for a period of 5yrs (thats the exact wording), have to take a knowledge test (daft as if i failed i could still have driven my rented hack), attended a disability awarness course (again why if i was renting a tx2 i woulnd`nt have had to have done it) , you couldnt transfer the plate out of your name for 5yrs, and a few more things. Anyway it was always intended by the association that the 5yr license was a dvla license so i applyed having held my badge for a period of just under 4yrs, i took the required knowledge and disability tests at my own cost got allocated a plate even got conformation in writing then had a phone call from the licensing officer saying a could`nt have 1 they had rechecked there records and i had`nt held a badge for 5yrs. (by the way the licensing officer is a complete jobs worth, and is well known for hating hack drivers ) anyway heres my question out of 3 ppl that apllied and got excepted then rejected im the only one with a letter comfirming this so if i was to take this to court (breach of contract or something) what would my chances be of winning?


Extremely good, go for it, I hope you have deep pockets just in case you lose? Go see a good licensing solicitor but not one in Carlisle.

Regards

JD


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 Post subject:
PostPosted: Thu Mar 01, 2007 4:42 am 
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thanx for the speedy reply there JD, u can rest asured i wont be getting one from carlisle as im in colchester:)


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 Post subject:
PostPosted: Thu Mar 01, 2007 6:03 am 
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just outta interest does anyone know what grounds i could challenge on e.g breach of contract, maladministration etc?


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 Post subject:
PostPosted: Thu Mar 01, 2007 7:24 am 
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Location: 1066 Country
roady wrote:
just outta interest does anyone know what grounds i could challenge on e.g breach of contract, maladministration etc?

I think you would have a good case via the Ombudsmans for maladminsitration.

On the other issue, are you saying that you need a knowledge to own a vehicle but not one to rent it? :?

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 Post subject:
PostPosted: Thu Mar 01, 2007 7:28 am 
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Location: Cheshire
What were the others rejected for? the same as you?

Good luck, hope you get it!


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 Post subject:
PostPosted: Thu Mar 01, 2007 1:30 pm 
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Well Sussex in order to qualify for 1 of the additional 18 plates that have been issued you have to take a knowledge test even if u`ve held a badge for 100 years so to speak, but you dont if u rent a vehicle or if you purchase a hack. Our licensing team like to make up there own rules.

smiffyz yes they were rejected for the same reason but there letters of acceptence were stopped intime so they have no proof


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 Post subject:
PostPosted: Thu Mar 01, 2007 10:07 pm 
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roady wrote:
Well Sussex in order to qualify for 1 of the additional 18 plates that have been issued you have to take a knowledge test even if u`ve held a badge for 100 years so to speak, but you dont if u rent a vehicle or if you purchase a hack.

The world has gone f***ing mad. :shock:

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 Post subject:
PostPosted: Thu Mar 01, 2007 10:43 pm 
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Location: Cheshire
roady wrote:
Well Sussex in order to qualify for 1 of the additional 18 plates that have been issued you have to take a knowledge test even if u`ve held a badge for 100 years so to speak, but you dont if u rent a vehicle or if you purchase a hack. Our licensing team like to make up there own rules.

smiffyz yes they were rejected for the same reason but there letters of acceptence were stopped intime so they have no proof



Colchester's not twinned with warrington by any chance is it? :shock:


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 Post subject:
PostPosted: Fri Mar 02, 2007 3:10 am 
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Well seeing as we have a completly crap association that never stands up for its self we are left with this pilock of a licensing office but surly the whole knowledge test for the new plates bit is illegal the same as having to have held a badge for 5 yrs, you can have a badge for 2 seconds and rent , you need no badge at all to buy a plate , surly something should have been done/can be done


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 Post subject:
PostPosted: Fri Mar 02, 2007 4:02 am 
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roady wrote:
but surly the whole knowledge test for the new plates bit is illegal the same as having to have held a badge for 5 yrs, you can have a badge for 2 seconds and rent , you need no badge at all to buy a plate , surly something should have been done/can be done


The Criteria can be challenged but its the same old story, "deep pockets".

Regards

JD


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 Post subject:
PostPosted: Fri Mar 02, 2007 4:17 am 
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Hmm well today i took sussex`s advice and went the ombedmans route, i think i need a new solicitor and is there a general taxi drivers union or something similar out there that excepts new members?

Edit just found the T&G is this worth joining sorry to sound ignorent but the way things are going in this day and age you need to be part of something better than a self profit making colchester hackney carriage association ;)


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 Post subject:
PostPosted: Fri Mar 02, 2007 4:48 am 
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roady wrote:
Hmm well today i took sussex`s advice and went the ombedmans route, i think i need a new solicitor and is there a general taxi drivers union or something similar out there that excepts new members?

Edit just found the T&G is this worth joining sorry to sound ignorent but the way things are going in this day and age you need to be part of something better than a self profit making colchester hackney carriage association ;)


Unless someone can pursuade the council to alter their criteria then your only remedy is through the courts and if you lose it could be costly? If you take on the case yourself and win, then it will probably cost you very little. I can't offer any advice on which union to join, only the fact that in your particular case it is highly unlikely they will do anything except perhaps ask the council to relax or alter the criteria, or they may even suggest that parts of the criteria, is unlawful.

Regards

JD


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 Post subject:
PostPosted: Fri Mar 02, 2007 5:20 am 
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thanx for the reply JD i was thinking of taking it on myself , would this have the same sort of impact as a solicitor would i.e if i sacked my solicitor whould corresponding with the council solicitor still have the same impact if u see what i mean also i think u may have misunderstood my intentions with the union question may equiry was so i could determine which union is best for cab drivers to join so i could let a few of my collegues know that they dont have to rely on our local association for advice.

cheers scott


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 Post subject:
PostPosted: Fri Mar 02, 2007 8:19 am 
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I doubt any union will help out with your legal costs, unless you have been in that union for a while, and it's odds on that you will win.

As for which union to join, well I suspect I'm the worst one you could ask. :roll:

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