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PostPosted: Wed May 30, 2007 1:24 pm 
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Does anyone have the details of the Stockport case yet to post on here? The drivers won against a council attempting to impose a Green only taxi (Hack) and it cost Stockport MBC £27000


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PostPosted: Wed May 30, 2007 11:11 pm 
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Sussex wrote:
They can't, by way of conditions, impose an age limit and colour on drivers. Other than the driver must have had a DVLA license for 12 months.


Well a colour rule for vehicles is one thing, but if they imposed a colour on drivers I suspect they'd be in trouble with the Commission for Racial Equality. :lol:

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PostPosted: Thu May 31, 2007 1:09 am 
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littlejack3 wrote:
Does anyone have the details of the Stockport case yet to post on here? The drivers won against a council attempting to impose a Green only taxi (Hack) and it cost Stockport MBC £27000


The case was unreported but it was discussed in one of the threads at the time. What is it you want to know?

The condition proposed by Stockport council was deemed unreasonable. There are several cases of a similar nature but there are no hard and fast rules that dictate the probability of success. It is rather hit and miss but if you can put a good case forward in respect of an unreasonable condition then you are halfway there.

Regards

JD

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 Post subject: Re: age and colour
PostPosted: Thu May 31, 2007 3:53 am 
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the thinker wrote:
York Council are currently planning to introduce an age limit on cars of no more than 5 years old when first tested and when they reach 9 they have to come off, also they are saying that all hackneys will have to be black and that private hire vehicles will not be allowed to be black, what is the legal position on this one.


i see they also want the York Council crest on both doors, I don't work for or want to promote the Council, why should i have that on my vehicle, i seem to think they tried to bring in this trick sometime in the past, but it failed


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PostPosted: Thu May 31, 2007 4:10 am 
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I believe that a council should have a maximum age restriction upon the initial grant of a licence, however if the vehicle is maintained correctly then I can see no reason for it to be refused a licence solely on age.

Maybe more frequent tests for older vehicles and less frequent tests for new vehicles is a workable option.

I know that Gateshead are considering a age restriction .............. but I doubt it will be included within the pending policy review.

Badger, is it the case that in Newcastle a vehicle may only be changed for a newer one? I'm sure that was introduced a couple or so years ago, but there again :roll:

B. Lucky :D

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PostPosted: Thu May 31, 2007 4:42 am 
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GA wrote:

Badger, is it the case that in Newcastle a vehicle may only be changed for a newer one? I'm sure that was introduced a couple or so years ago, but there again :roll:

Yeah that is right,the vehicle has to be replaced by a newer one.That is one of the reasons why an old hack can get sold for a lot of money because the new owner knows he can replace the vehicle at less cost over the years(which is sometimes false economy)

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 Post subject: Re: age and colour
PostPosted: Thu May 31, 2007 7:39 am 
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Stinky Pete wrote:
the thinker wrote:
York Council are currently planning to introduce an age limit on cars of no more than 5 years old when first tested and when they reach 9 they have to come off, also they are saying that all hackneys will have to be black and that private hire vehicles will not be allowed to be black, what is the legal position on this one.


i see they also want the York Council crest on both doors, I don't work for or want to promote the Council, why should i have that on my vehicle, i seem to think they tried to bring in this trick sometime in the past, but it failed


They tried it in Stockport and failed.

Regards

JD

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PostPosted: Fri Jun 08, 2007 3:03 am 
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:oops:

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PostPosted: Fri Feb 08, 2008 4:07 am 
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JD wrote:
littlejack3 wrote:
Does anyone have the details of the Stockport case yet to post on here? The drivers won against a council attempting to impose a Green only taxi (Hack) and it cost Stockport MBC £27000


The case was unreported but it was discussed in one of the threads at the time. What is it you want to know?

The condition proposed by Stockport council was deemed unreasonable. There are several cases of a similar nature but there are no hard and fast rules that dictate the probability of success. It is rather hit and miss but if you can put a good case forward in respect of an unreasonable condition then you are halfway there.

Regards

JD


i dont suppose there is any Stockport drivers on here, are there, i have searched TDO but cant find it, re Stockport case, need solicitors telephone number and case No if possible, and any other similar cases if known would be grateful

an application was submitted to York Magistrates today to challenge the condition, [black vehicles, logos, advertising on taxis]

on submitting the application the person was told by a clerk, afraid you cant challeng a Council condition, the person submitting the application duly qouted Misc/Provisions act, a higher legal officer looked at it and said, yes you can

there was a meeting with York city council today by some taxi drivers from the Taxi Asso
does anyone know what that was about, or was it the future meter rise, we get told nothing


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PostPosted: Fri Feb 08, 2008 8:56 am 
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Well you have got this far.

A district council for an area to which the Local Government (Miscellaneous Provisions) Act 1976 applies may attach to the grant of a licence of a hackney carriage under the Town Police Clauses Act 1847 such conditions as the district council may consider reasonably necessary. Without prejudice to the generality of the above, a district council may require any hackney carriage licensed by it under the Town Police Clauses Act 1847 to be of such design or appearance or bear such distinguishing marks as must clearly identify it as a hackney carriage.

Any person aggrieved by any conditions attached to a licence may appeal to a magistrates' court.

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The Stockport case took place at Minshul Street Crown court Manchester and as far as I know the case was unreported. The Solicitors were Aubrey Issaacson of Prestwich Manchester, I understand he has a transcript copy of sorts. The Stockport cab Trade first approached the NTA for advice so it might be wise to ask Captain Cab if he can assist you in any way in obtaining the phone number of the then secretary of the Stockport TOA.

There are other cases appertaining to livery so i wouldn't solely rely on Stockport. It would be wise to tell whoever is challenging this decision, to get a solicitor.

Whose name is on the magistrates court application?

Regards

JD

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PostPosted: Fri Feb 08, 2008 10:46 am 
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there was a meeting with York city council today by some taxi drivers from the Taxi Asso
does anyone know what that was about, or was it the future meter rise, we get told nothing

If you re joined the association in which you used to be very active, until you threw your teddy out of the pram you would get 4 newsletters a year and be kept well infromed, I am told that you would be welcome back,the AGM is coming up soon, why not come along and bury the hatchett you would be more than welcome.


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PostPosted: Fri Feb 08, 2008 10:48 am 
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the thinker wrote:
there was a meeting with York city council today by some taxi drivers from the Taxi Asso
does anyone know what that was about, or was it the future meter rise, we get told nothing

If you re joined the association in which you used to be very active, until you threw your teddy out of the pram you would get 4 newsletters a year and be kept well infromed, I am told that you would be welcome back,the AGM is coming up soon, why not come along and bury the hatchett you would be more than welcome.


It was not quite clear but the above message was for stinky pete.


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PostPosted: Fri Feb 08, 2008 8:30 pm 
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the thinker wrote:
the thinker wrote:
there was a meeting with York city council today by some taxi drivers from the Taxi Asso
does anyone know what that was about, or was it the future meter rise, we get told nothing

If you re joined the association in which you used to be very active, until you threw your teddy out of the pram you would get 4 newsletters a year and be kept well infromed, I am told that you would be welcome back,the AGM is coming up soon, why not come along and bury the hatchett you would be more than welcome.


It was not quite clear but the above message was for stinky pete.

Oh that's a shame, I was quite looking forward to joining up. :wink:

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PostPosted: Thu Feb 21, 2008 4:40 am 
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i am led to believe] that the application has been refused by the court to challenge the Council because of the 21 day rule, 21 day rule, never heard of it, from when the condition was authorised, too late to challenge, is this right ??? is there only 21 days as a time line to challenge

the applicant was told by the Court that you could try again when they impliment the condition, 1st june 09, the applicant has said in a letter to the court it will be too late then, every one will have black vehicles on strap to stay on the road
any thoughts


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PostPosted: Thu Feb 21, 2008 4:41 am 
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