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PostPosted: Tue Sep 04, 2007 11:39 pm 
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I think he's happy with anything that could put a few quid in his pocket.

I'm sure the slogan "Free advice on Taxi or PH matters from a disgraced lawyer" will be something we will neither read or hear.

B. Lucky :D

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PostPosted: Tue Sep 04, 2007 11:46 pm 
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JD wrote:
I have three daughters so you can see who wears the "Genes" in our household but I suspect any one of them would first complain to me and then they would complain to the private hire company who they hired the vehicle from.

Do you suggest any different?


I suggest that if you get a response from the operator that doesn't satisfy you that you would be able to get your complaint investigated by a higher authority ................. but would that authority be in Manchester or Northumberland.

It should also be pointed out that there is no requirement for a person who accepts bookings for a HC to be licensed ....................... so if the local "Mr Big" decided to set up a booking office your still confident that you would recieve satisfaction should you complain about the service your daughetrs received.

Have you actually thought about this at all?

B. Lucky :D

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PostPosted: Tue Sep 04, 2007 11:47 pm 
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GA wrote:
Don't the councils have a duty of care.


Duty of care to whom? Explain a councils duty of care, I assume you mean to the public, so therefore which public do you refer? Is it the general public or just the public of Darlington? And whats more important, how is that duty of care to be measured and what does it consist of?

Quote:
You also fail to answer Mr T's perfectly legitimate question, so I will repeat it - "If your son or daughter got into a vehicle licensed in Berwick from your home in Manchester and was overcharged and then threatened to make the requested payment ................... where would they complain to ?"


I thought I answered the question quite adequatly. The only person the passenger can complain to is the private hire company but considering some people believe and quite understandably that a hackney carriage driver must engage his meter for all hires regardless of how they are obtained then failing to get satisfaction from the private hire company they should contact the licensing authority where the vehicle is licensed. There is no difference in sending a letter to Berwick council as sending one to Darlington council.

Regards

JD

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PostPosted: Tue Sep 04, 2007 11:54 pm 
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JD wrote:
GA wrote:
Don't the councils have a duty of care.


Duty of care to whom? Explain a councils duty of care, I assume you mean to the public, so therefore which public do you refer? Is it the general public or just the public of Darlington? And whats more important, how is that duty of care to be measured and what does it consist of?


Their duty of care is to the public within their boundries, and the duty of care is often explained by councils by offering the best possible levels of service whilst ensuring public safety ............ whether they live there or are visiting.

JD wrote:
Quote:
You also fail to answer Mr T's perfectly legitimate question, so I will repeat it - "If your son or daughter got into a vehicle licensed in Berwick from your home in Manchester and was overcharged and then threatened to make the requested payment ................... where would they complain to ?"


I thought I answered the question quite adequatly. The only person the passenger can complain to is the private hire company but considering some people believe and quite understandably that a hackney carriage driver must engage his meter for all hires regardless of how they are obtained then failing to get satisfaction from the private hire company they should contact the licensing authority where the vehicle is licensed. There is no difference in sending a letter to Berwick council as sending one to Darlington council.


but what do you expect Manchester Council to do about it .................. your supporting a person who is fighting against a decision made by the council that issues that persons licence to operate ................. and what do you expect Berwick upon Tweed to do about it?

As I suggested earlier ............ I don't think that you have thought this through.

B. Lucky :D

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PostPosted: Tue Sep 04, 2007 11:58 pm 
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Quote:
It should also be pointed out that there is no requirement for a person who accepts bookings for a HC to be licensed ....................... so if the local "Mr Big" decided to set up a booking office your still confident that you would recieve satisfaction should you complain about the service your daughetrs received.




Now thats interesting

Regards

Mr Big (soon to be) :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Seriously, there is a rather large gaping hole in the legislation here somewhere!


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PostPosted: Wed Sep 05, 2007 12:33 am 
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GA wrote:
the duty of care is often explained by councils by offering the best possible levels of service whilst ensuring public safety ............ whether they live there or are visiting.


I see, but you still haven't shown me any evidence or legal reference as to why a council owes a duty of care to the public in respect of licensing Taxis?

In fact the legal definition of a duty of care is based on a legal obligation imposed on an individual or individuals requiring them to exercise a reasonable standard of care while performing any acts that could foreseeably harm others. However, unless I'm mistaken, I haven't come across the same legal obligation for councillors in respect of licensing private hire vehicles?

TDO has lots of legal threads on duty of care, if Wayne Casey hasn't stolen them? But joking aside the meaning of duty of care and to whom it applies can be found within the confines of this website, if you care to look.

I must admit that I've told you before that its no good coming out with unsubstantiated statements because it won't wash on this website.

I'm sure you understand the legal obligations as defined by a duty of care, especially you being an expert in the field of what ever it is you are an expert at? So I'll ask you the same question again.

Duty of care to whom? Explain a councils duty of care, I assume you mean to the public, so therefore which public do you refer? Is it the general public or just the public of Darlington? And whats more important, how is that duty of care to be measured and what does it consist of?

I think thats fair comment don't you?

Regards

JD

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PostPosted: Wed Sep 05, 2007 1:06 am 
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On a personal opinion, if the government was to re write the rule book without all the section this, and subsection that, but in plain English and properly define what taxis and PH can and cannot do, and set an age limit for both, and send it to all councils, we could then clear most if not all arguments up.
then MRT and GA could buy us all a pint.

Am I hoping for to much possibly eusasmiles.zip :-|


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PostPosted: Wed Sep 05, 2007 2:20 am 
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skippy41 wrote:
On a personal opinion, if the government was to re write the rule book without all the section this, and subsection that, but in plain English and properly define what taxis and PH can and cannot do, and set an age limit for both, and send it to all councils, we could then clear most if not all arguments up.
then MRT and GA could buy us all a pint.

Am I hoping for to much possibly eusasmiles.zip :-|


Skippy I will buy you a pint any time on one condition no talking Taxi

there are definitely a lot of people that want this case to go to court, I will say no more accept it is like playing chess,-you will sacrifice a piece to win

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PostPosted: Wed Sep 05, 2007 6:53 am 
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JD wrote:
Duty of care to whom? Explain a councils duty of care, I assume you mean to the public, so therefore which public do you refer? Is it the general public or just the public of Darlington? And whats more important, how is that duty of care to be measured and what does it consist of?

Our council take the view they do have a duty of care to drivers, in terms of fares reviews and safety issues such as CCTV. :wink:

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PostPosted: Wed Sep 05, 2007 12:56 pm 
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Quote:
Don't the councils have a duty of care ?.



maybe the councils have abused their positions for to long stating different standards and having different rules for vehicles !!

maybe our trade should be govened more like the PSV vehicles ?

i can use my bus anywhere in the country as long as i meet all the VOSA standards and if i dont i have one omighty enforcemnet agency after me who will take me to the cleaners !

is this not what we need for the hire and reward business of taxis and private hires ? rather than different standards and out dated laws


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PostPosted: Wed Sep 05, 2007 1:09 pm 
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ians wrote:
Quote:
Don't the councils have a duty of care ?.



maybe the councils have abused their positions for to long stating different standards and having different rules for vehicles !!

maybe our trade should be govened more like the PSV vehicles ?

i can use my bus anywhere in the country as long as i meet all the VOSA standards and if i dont i have one omighty enforcemnet agency after me who will take me to the cleaners !

is this not what we need for the hire and reward business of taxis and private hires ? rather than different standards and out dated laws


You don't have to convince me, i'm already on your side. Simplify and standardise the rules under which we work and I would welcome being governed by one organisation.

In respect of duty of care it should be noted that duty of care carries with it a legal obligation and it is evident to me that in respect of Mr GA he is confusing duty of care in the legal sense with duty of care in the moral sense. A council might have a moral duty to consider the wellbeing of the general public but they don't owe them a legal duty of care and therefor they cannot legally be held responsible if a licensed driver or owner causes injury or distress to any member of the public.

Regards

JD

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PostPosted: Wed Sep 05, 2007 1:58 pm 
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ians wrote:
Quote:
Don't the councils have a duty of care ?.



maybe the councils have abused their positions for to long stating different standards and having different rules for vehicles !!

maybe our trade should be govened more like the PSV vehicles ?

i can use my bus anywhere in the country as long as i meet all the VOSA standards and if i dont i have one omighty enforcemnet agency after me who will take me to the cleaners !

is this not what we need for the hire and reward business of taxis and private hires ? rather than different standards and out dated laws
=D> =D> =D>

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PostPosted: Wed Sep 05, 2007 3:19 pm 
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gusmac wrote:
ians wrote:
Quote:
Don't the councils have a duty of care ?.



maybe the councils have abused their positions for to long stating different standards and having different rules for vehicles !!

maybe our trade should be govened more like the PSV vehicles ?

i can use my bus anywhere in the country as long as i meet all the VOSA standards and if i dont i have one omighty enforcemnet agency after me who will take me to the cleaners !

is this not what we need for the hire and reward business of taxis and private hires ? rather than different standards and out dated laws
=D> =D> =D>



totaly agree =D> =D> =D> =D>


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 Post subject:
PostPosted: Fri Sep 07, 2007 3:36 am 
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skippy41 wrote:
gusmac wrote:
ians wrote:
Quote:
Don't the councils have a duty of care ?.



maybe the councils have abused their positions for to long stating different standards and having different rules for vehicles !!

maybe our trade should be govened more like the PSV vehicles ?

i can use my bus anywhere in the country as long as i meet all the VOSA standards and if i dont i have one omighty enforcemnet agency after me who will take me to the cleaners !

is this not what we need for the hire and reward business of taxis and private hires ? rather than different standards and out dated laws
=D> =D> =D>



totaly agree =D> =D> =D> =D>
and me =D> =D> =D>

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PostPosted: Fri Sep 07, 2007 4:14 am 
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badger wrote:
skippy41 wrote:
gusmac wrote:
ians wrote:
Quote:
Don't the councils have a duty of care ?.



maybe the councils have abused their positions for to long stating different standards and having different rules for vehicles !!

maybe our trade should be govened more like the PSV vehicles ?

i can use my bus anywhere in the country as long as i meet all the VOSA standards and if i dont i have one omighty enforcemnet agency after me who will take me to the cleaners !

is this not what we need for the hire and reward business of taxis and private hires ? rather than different standards and out dated laws..JD
=D> =D> =D>



totaly agree =D> =D> =D> =D>
and me =D> =D> =D>Mr A Mug

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