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PostPosted: Tue Sep 11, 2007 2:24 am 
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The grounds for appeal seem to be that in reaching the decision to refuse the application, the Respondents (ie the Council):

a) erred in law;
b) based their decision on an incorrect material fact;
c) acted contrary to natural justice; and
d) exercised their discretion in an unreasonable manner; :shock: :shock: :shock:

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Tue Sep 11, 2007 5:52 am 
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MR T wrote:
The grounds for appeal seem to be that in reaching the decision to refuse the application, the Respondents (ie the Council):

a) erred in law;
b) based their decision on an incorrect material fact;
c) acted contrary to natural justice; and
d) exercised their discretion in an unreasonable manner; :shock: :shock: :shock:
Darlington or Edinburgh :?

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PostPosted: Tue Sep 11, 2007 10:08 am 
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Edinburgh

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Tue Sep 11, 2007 10:22 pm 
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MR T wrote:
Edinburgh


And your point :?

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PostPosted: Wed Sep 12, 2007 5:49 pm 
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The duty of care
relates to making sure drivers and vehicles are safe.

Simple example, Council licences a vehicle which is a dangerous wreck
and it breaks in two injuring the passenger. Council has failed in its
duty of care to ensure the vehicle is safe.

In respect of drivers the Council should take all reasonable steps to
ensure they are Fit and Proper eg CRB checks; medical reports. If a
Council does not require medical checks and the driver has poor eyesight
and crashes the Council has failed in its duty.

Same if a driver has convictions for violence and the driver attacks a
passenger the Council could have failed in its duty depending on what
steps it took before licensing the driver eg speaking to the police,
taking up references.

The test is:-
Did the Council take all reasonable steps before issuing the licence to
ensure the vehicle/driver are ok?
Would the ordinary man in the street having full knowledge of what the
Council did, how they made their decision, the information they
requested, nod their head and say the Councils decision was a common
sense logical conclusion looking at all the facts.

:wink:

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Sep 12, 2007 10:52 pm 
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ians wrote:
GA

are you the man behind the "UP FRONT" mag in the north east


I am not.

I did contribute to it .................. until I resigned as chair of GHDA ........... then the article was taken over by the new chair.

Good mag though ................ and very worthy of support ................ don't you think ?

B. Lucky :D

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Skull on TDO

TF pi$$ed on his chips.


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PostPosted: Wed Sep 12, 2007 10:56 pm 
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Skull wrote:
GA wrote:
Give me two examples of when I have sold out to the authorities Skull.

As far as being the "voice" of anything.
My resignation from local representation was some time ago now Badger ................. I still believe in strong representation ............ I believe that every representative body should have constructive diolougue seeking non contentious issues to challenge together.

I believe in a professional trade with high standards.

B. Lucky :D



GA, face it, you think that being a brownnoser gives you some kudos in the eyes of those in authority. You can’t help it. My bet is that no one has ever taken you seriously, until you fell into the taxi trade. Now you’ve been found out, again, but you just can’t help banging the same drum. Why don’t you try developing your own opinions without looking for someone to pat you on the head? You just might surprise yourself.

Btw, the only thing you believe in is hearing your own voice while trying to convince yourself you thought of it first.



:roll:


and your original thoughts are ................................................ ?

As you seem to know everything Mr Skull ................... could you tell everyone what I'm currently doing.

Still waiting for the examples of when I've sold out to the authorities BTW.

B. Lucky :D

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"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.


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PostPosted: Thu Sep 13, 2007 7:46 am 
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GA wrote:
ians wrote:
GA

are you the man behind the "UP FRONT" mag in the north east


I am not.

I did contribute to it .................. until I resigned as chair of GHDA ........... then the article was taken over by the new chair.

Good mag though ................ and very worthy of support ................ don't you think ?

B. Lucky :D


so i take it your very criticul of our company ?

the mag and its content always suggested that !! as it did seem very one sided to the hackney trade when really we are all doing the same job !


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PostPosted: Thu Sep 13, 2007 4:00 pm 
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I wrote in the magazine .................. the articles I wrote for it were about Gateshead and the activities there.

The magazine itself is bias toward the Hackney Trade .............. but that's because the lads who "own" it are both Hackney Drivers.

The transport of people for hire and reward, your right, is essentially the same job ................... the differences are defined in law, but only really relate to how we, the drivers get our work.

I doubt the trade will ever unify of its own accord ................ but if we keep pushing for better consultation and professional standards for everyone concerned then I believe there is a chance ............... even if its very slim.

B. Lucky :D

_________________
"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.


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PostPosted: Thu Sep 13, 2007 11:02 pm 
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GA wrote:
I wrote in the magazine .................. the articles I wrote for it were about Gateshead and the activities there.

The magazine itself is bias toward the Hackney Trade .............. but that's because the lads who "own" it are both Hackney Drivers.

The transport of people for hire and reward, your right, is essentially the same job ................... the differences are defined in law, but only really relate to how we, the drivers get our work.

I doubt the trade will ever unify of its own accord ................ but if we keep pushing for better consultation and professional standards for everyone concerned then I believe there is a chance ............... even if its very slim.

B. Lucky :D


i feel myself agreeing with all you are saying above !

but as far as the law goes i can only hope the result of the berwick plates will in some way lead us to having the laws that goven us changed in some way !! and hopefully for the better for all our trade !! but i must say the release of this "situation" with berwick plates, was if anything by accident and not deliberate in the way that it has turned out, this was caused by obstructive council here in the north east not wanting to allow EU drivers!! thus after several months and many failed meetings with councilors full of thereown importance but not understanding what was being put infront of them, i was forced to use this law to our benifit 4 years after we had won it in the high courts

but if anything now we have the councils shouting for reviews as well as ourselves


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PostPosted: Thu Sep 13, 2007 11:14 pm 
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ians wrote:
GA wrote:
I wrote in the magazine .................. the articles I wrote for it were about Gateshead and the activities there.

The magazine itself is bias toward the Hackney Trade .............. but that's because the lads who "own" it are both Hackney Drivers.

The transport of people for hire and reward, your right, is essentially the same job ................... the differences are defined in law, but only really relate to how we, the drivers get our work.

I doubt the trade will ever unify of its own accord ................ but if we keep pushing for better consultation and professional standards for everyone concerned then I believe there is a chance ............... even if its very slim.

B. Lucky :D


i feel myself agreeing with all you are saying above !

but as far as the law goes i can only hope the result of the berwick plates will in some way lead us to having the laws that goven us changed in some way !! and hopefully for the better for all our trade !! but i must say the release of this "situation" with berwick plates, was if anything by accident and not deliberate in the way that it has turned out, this was caused by obstructive council here in the north east not wanting to allow EU drivers!! thus after several months and many failed meetings with councilors full of thereown importance but not understanding what was being put infront of them, i was forced to use this law to our benifit 4 years after we had won it in the high courts

but if anything now we have the councils shouting for reviews as well as ourselves


If you don't mind me asking, what was the problem with foreign drivers

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Fri Sep 14, 2007 12:05 am 
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ians wrote:
GA wrote:
I wrote in the magazine .................. the articles I wrote for it were about Gateshead and the activities there.

The magazine itself is bias toward the Hackney Trade .............. but that's because the lads who "own" it are both Hackney Drivers.

The transport of people for hire and reward, your right, is essentially the same job ................... the differences are defined in law, but only really relate to how we, the drivers get our work.

I doubt the trade will ever unify of its own accord ................ but if we keep pushing for better consultation and professional standards for everyone concerned then I believe there is a chance ............... even if its very slim.

B. Lucky :D


i feel myself agreeing with all you are saying above !

but as far as the law goes i can only hope the result of the berwick plates will in some way lead us to having the laws that goven us changed in some way !! and hopefully for the better for all our trade !! but i must say the release of this "situation" with berwick plates, was if anything by accident and not deliberate in the way that it has turned out, this was caused by obstructive council here in the north east not wanting to allow EU drivers!! thus after several months and many failed meetings with councilors full of thereown importance but not understanding what was being put infront of them, i was forced to use this law to our benifit 4 years after we had won it in the high courts

but if anything now we have the councils shouting for reviews as well as ourselves


So really what we should be doing is making sure that the situation regarding Berwick plates leads to the North East being the catalyst for national legislation change.

I'm personally not bothered where a person is from, as long as they are able to prove their fitness and propriety to the same levels as I have to.

I would prefer to have a compulsory source of information where the full responsibilities of a hire and reward driver are conveyed to every driver, so that regardless of origin or background the public can be assured that they will receive the best service possible.
Then we may get into a position where the "tittle-tattle" merchants are not getting their horror stories repeated as fact, even though probably very few have any basis.

Maybe then we can all claim that we offer a "fair service at a fare price" and we don't have to worry if we "know who's taking us home" :wink:

B. Lucky :D

_________________
"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.


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PostPosted: Fri Sep 14, 2007 2:38 am 
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Location: North Of The Tyne
00

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PostPosted: Fri Sep 14, 2007 9:44 pm 
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Quote:
If you don't mind me asking, what was the problem with foreign drivers


they simply said that he was not fit a proper ! they played for time and hoped that no one would take them to court !! rather than do that i badged and plated a car in berwick after they laughed at me suggesting i was able to do such a thing

this driver held a badge for plymouth and eden district counciland his hearing and north tyneside still said he was not fit and proper !! they are simply obstructive to the requests of the trade and i have that from inside the council itself !!


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PostPosted: Fri Sep 14, 2007 9:52 pm 
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ians wrote:
Quote:
If you don't mind me asking, what was the problem with foreign drivers


they simply said that he was not fit a proper ! they played for time and hoped that no one would take them to court !! rather than do that i badged and plated a car in berwick after they laughed at me suggesting i was able to do such a thing

this driver held a badge for plymouth and eden district counciland his hearing and north tyneside still said he was not fit and proper !! they are simply obstructive to the requests of the trade and i have that from inside the council itself !!


I can well understand what you did, and to some extent sympathise, but I think the council are right not to Licence drivers from abroad,
The reason I say this is because it makes a joke of the whole purpose of CRB checks.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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