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PostPosted: Sun Sep 30, 2007 5:40 pm 
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grandad wrote:
gusmac wrote:
grandad wrote:
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grandad wrote:
She told St Albans magistrates that a standard Criminal Records Bureau (CRB) check revealed that notes held by Herts Police showed Zaman's name had been mentioned in connection with three separate incidents of violence - two in 2002 and one in October 2006.
I would have to wonder why he has a criminal record for something he has not been convicted of? :?


No one said he has a criminal record. A CRB check does not just have a record of convictions.
If they are going to include unfounded allegations and heresay, then that sucks. :x

So much for human rights :cry:


Who says they are unfounded? Have you seen this CRB. No you haven't. The people who have seen it have taken this decision. The guy who could have cleared this up chose not to so he has to accept the decision.


If there is no conviction, then it is an allegation. Nothing more.
I am talking in general here, not about this guy in particular.
How would you feel if you were denied your licence because someone alleged that you broke the law?
The police investigate and conclude there is insufficent evidence. The council refuse you because the police have put notes in your CRB. You wouldn't be happy would you?

Better hope you haven't p*ssed anyone off lately or it could be you next.

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PostPosted: Sun Sep 30, 2007 7:10 pm 
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gusmac wrote:
grandad wrote:
gusmac wrote:
grandad wrote:
gusmac wrote:
grandad wrote:
She told St Albans magistrates that a standard Criminal Records Bureau (CRB) check revealed that notes held by Herts Police showed Zaman's name had been mentioned in connection with three separate incidents of violence - two in 2002 and one in October 2006.
I would have to wonder why he has a criminal record for something he has not been convicted of? :?


No one said he has a criminal record. A CRB check does not just have a record of convictions.
If they are going to include unfounded allegations and heresay, then that sucks. :x

So much for human rights :cry:


Who says they are unfounded? Have you seen this CRB. No you haven't. The people who have seen it have taken this decision. The guy who could have cleared this up chose not to so he has to accept the decision.


If there is no conviction, then it is an allegation. Nothing more.
I am talking in general here, not about this guy in particular.
How would you feel if you were denied your licence because someone alleged that you broke the law?
The police investigate and conclude there is insufficent evidence. The council refuse you because the police have put notes in your CRB. You wouldn't be happy would you?

Better hope you haven't p*ssed anyone off lately or it could be you next.


Read the first post again. It is clear to any normal person that he comitted at least one of these violent assults but because the complainant refused to testify he could not be prosecuted.

better hope he don't get his license back and your missus upsets him in his cab.

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PostPosted: Sun Sep 30, 2007 7:15 pm 
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jasbar wrote:
MR T wrote:
jasbar wrote:
ians wrote:
while i have little or no time for local authorities and their decision makers we have no other choice other than the legal process we have, and while it may not be perfect its what we must work by.

your friend had the simply chance to display his clean CRB to everyone and sundry and should have put those making the decision agianst him on the back foot to prove him not fit and proper when the CRB are saying in there view he is !!

this then would have been interesting as if they had still gone against him with a clean CRB it would then ask the question what value are they if the courts rule against that evidence !!

but jasbar are you suggesting that we should get rid of the police and have no respect for law and order ?


Let's be quite clear. This guy is not my friend. I don't know him, have never met him nor is he known to anyone I know. he is an anonymous Joe in a news story posted by JD.

You sound as if we have to accept that the law and justice is etched in stone and that we have to accept it, bad though it is not.

Wrong! Because rules exist doesn't mean they should be accepted and we should strive to change them when they are wrong.

In this case they are most definitely wrong. The Magistrates were wrong. They chose to accept the word of authority, the local authority, and they slapped the scrote down by finding against him. How dare he dispute the local authorities control.

I'm sorry but when local authorities resort to these tactics then you must take the matter to the highest echelons of the justice system to get get justice. And, if that fails to bring about real justice, then the law is worthless and individuals take other measures to vent their anger.

As for the CRB, it is a red herring. Whatever is on it is irrelevant. because his licence was denied because of notes taken by police officers, not the content of the CRB. That's what the Magistrates decided on. They deemed the notes of two officers to have legal merit. This is preposterous. Their notes were never tested in court, were never corroborated in court and as such are irrelevant.

That the council used them to dig him out is little more than fascism. And the Magistrates supported this fascism.

He needs to appeal this. But he also needs to get in touch with his MP and ask him what the hell is going on in the legal system. TBH, this is such an important case the matter should be raised in Parliament, because it goes to the very roots of our democracy and the freedoms that democracy insists we have.

In your view it is wrong, but in many people's view it is acceptable, and the reason it is acceptable is because they have weighed the rights and wrongs of this type of decision before it became usable, we all know of the two young girls that were murdered brutally by a school caretaker, the advance disclosure helps to fill in the gaps in information that allowed these two particular young girls to be failed by the system, nobody says the system is perfect, the gentleman in question for his own reasons did not disclose the contents of his CRB.. this obviously created doubts in the mind of the Magistrates'. and also in my mind.


Then if this is the standard of the law we have to put up with, then solutions will be found outwith the law. They will be justified because of the inherent unfairness of the law.

This has been the driving force of revolutions since time immemorial. Is that what you want Mr T? You want to meet objectors to unfair law at the end of a gun barrel?

I'm sorry. That is not the British way. In Britain we have a record of recognising unfair legal practices and dealing with thim. That is British democratic tradition.

So think long and hard that you are really happy to accept this injustice, just because it doesn't impinge on you. And you don't really care about anyone else do you, as you've continually demonstrated through your posts on this forum?

But, if you accept this, then you can't complain when those who can't accept it stick it so far up you where it will really hurt.

Personally, I prefer measured justice to such actions. But I can't deny its likelihood. And with Labour closing down civil liberties in our nation, I'm not sure I would be surprised.

So think on about the kind of society YOU want to live in. If as I suspect you want a just and fair one, I suspect you start thinking about others before its too late. Try to put yourself in their shoes and use that as the test as to whether the action against them is acceptable.

:-|

As usual you apply the law of the land when it suits you and disregard it when it doesn't, not so very long ago councils were given the power to refuse a driver a licence or revoke his Licence if they felt they had justification whereas before they had to wait for the outcome of a trial, the ordinary everyday person have expressed their concerns about drivers being allowed to continue being licensed, for example a driver charged with three rapes of young girls should he continue till after the trial, or would it not be more reasonable to suspend his licence , obviously your opinion is in the minority( thankfully)

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 Post subject: Courts back ban on cabby
PostPosted: Sun Sep 30, 2007 7:24 pm 
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This sounds like an enhanced CRB when the old bill can put on anything from their files or intelligence reports. It sounds like he has been charged with offences that haven't made it to court for one reason or another.(Complainant drops the charge or doesn't turn up for a trial) needs a high level of authority from the old bill to disclose this to a committee or a court though.

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PostPosted: Sun Sep 30, 2007 7:33 pm 
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oldbloke wrote:
This sounds like an enhanced CRB when the old bill can put on anything from their files or intelligence reports. It sounds like he has been charged with offences that haven't made it to court for one reason or another.(Complainant drops the charge or doesn't turn up for a trial) needs a high level of authority from the old bill to disclose this to a committee or a court though.



http://www.crb.gov.uk/

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PostPosted: Sun Sep 30, 2007 8:28 pm 
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oldbloke wrote:
This sounds like an enhanced CRB when the old bill can put on anything from their files or intelligence reports. It sounds like he has been charged with offences that haven't made it to court for one reason or another.(Complainant drops the charge or doesn't turn up for a trial) needs a high level of authority from the old bill to disclose this to a committee or a court though.

You can't put an arrest or a charge on a CRB check.

You can put a conviction and a caution.

The conviction would need to be proved beyond reasonable doubt, and a caution is when the offender admits the offence.

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PostPosted: Sun Sep 30, 2007 10:21 pm 
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sorry grandad i read it wrong !

i thought he had refused to let them have sight of his CRB !!

either way the man has history and the courts feel as they have done right and from what i understand i would back that decision


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 Post subject:
PostPosted: Sun Sep 30, 2007 11:41 pm 
MR T wrote:
As usual you apply the law of the land when it suits you and disregard it when it doesn't, not so very long ago councils were given the power to refuse a driver a licence or revoke his Licence if they felt they had justification whereas before they had to wait for the outcome of a trial, the ordinary everyday person have expressed their concerns about drivers being allowed to continue being licensed, for example a driver charged with three rapes of young girls should he continue till after the trial, or would it not be more reasonable to suspend his licence , obviously your opinion is in the minority( thankfully)


Except this isn't a suspension. It's a refusal of licence. Which means that it is not temporary as things stand.

And, when have I disregarded the Law of the land when it doesn't suit me?

It's nonsense to deny anyone their rights because of tittle tattle. And that's all this is.

And to answer ians. He, nor anyone else knows whether this guy has previous history. And, even if he did, then to exclude him from his livelihood it should be proved beyond reasonable doubt. There is no conviction here. There is no reasonable doubt.

All that exists is the half assed unreasonable doubt of the council. Their reason could simply be he resented waiting overlong at the counter for his application to be dealt with and had words with the staff. It could be a simple as that.

Whatever, I'm not surprised by Mr T's position. I would expect nothing less.

But by acquiescing with this disgraceful precedent, it will make it easier to close his business down whenever the fancy comes across his council.

And their driving force could just be the tittle tattle of his competitors or a false charge leveied against him by one of his drivers who realised Mr T's ripped him off.

You run with the hounds .....

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PostPosted: Sun Sep 30, 2007 11:56 pm 
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grandad wrote:
It is clear to any normal person that he comitted at least one of these violent assults but because the complainant refused to testify he could not be prosecuted.
It's far from clear. Unless you take the word of the police for it.
Why do you think we have courts? So the cops can't just decide someone's guilt! They have to prove it. Otherwise we may as well be living in some banana republic.

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PostPosted: Mon Oct 01, 2007 12:19 am 
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“Not a fit and proper person”

There is no definition of what a “fit and proper person” is, and no threshold at which point a person becomes unfit.

This is wee mans laws.

They only apply to people who have no real way to fight back. It’s about setting an example, and not about justice.

CRB checks might mention a lot of things but that doesn't make it real.

This is about inflicting punishment without having to prove a crime has been committed.

There is no burden of proof. You are in fact presumed guilty and you stay that way.

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PostPosted: Mon Oct 01, 2007 12:25 am 
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Skull wrote:
“Not a fit and proper person”

There is no definition of what a “fit and proper person” is, and no threshold at which point a person becomes unfit.

This is wee mans laws.

They only apply to people who have no real way to fight back. It’s about setting an example, and not about justice.

CRB checks might mention a lot of things but that doesn't make it real.

This is about inflicting punishment without having to prove a crime has been committed.

There is no burden of proof. You are in fact presumed guilty and you stay that way.
That's about the size of it. And it still sucks!

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PostPosted: Mon Oct 01, 2007 12:52 am 
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Skull wrote:
“Not a fit and proper person”

There is no definition of what a “fit and proper person” is, and no threshold at which point a person becomes unfit.

This is wee mans laws.

They only apply to people who have no real way to fight back. It’s about setting an example, and not about justice.

CRB checks might mention a lot of things but that doesn't make it real.

This is about inflicting punishment without having to prove a crime has been committed.

There is no burden of proof. You are in fact presumed guilty and you stay that way.

The vast majority of Taxi drivers' have No Record to worry about, but the ones that do always come up with an argument like this..... strange that isn't it...

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PostPosted: Mon Oct 01, 2007 1:07 am 
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MR T wrote:
Skull wrote:
“Not a fit and proper person”

There is no definition of what a “fit and proper person” is, and no threshold at which point a person becomes unfit.

This is wee mans laws.

They only apply to people who have no real way to fight back. It’s about setting an example, and not about justice.

CRB checks might mention a lot of things but that doesn't make it real.

This is about inflicting punishment without having to prove a crime has been committed.

There is no burden of proof. You are in fact presumed guilty and you stay that way.

The vast majority of Taxi drivers' have No Record to worry about, but the ones that do always come up with an argument like this..... strange that isn't it...



Well big fish why don’t you point to the part where I have it wrong?

Come on prove to all from your burgh how smart you are.

Oh and while you are at it why don't you apply the same standard to these guys


http://thescotsman.scotsman.com/index.cfm?id=561452006


What's good for the goose....



:roll:

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PostPosted: Mon Oct 01, 2007 1:09 am 
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MR T wrote:
Skull wrote:
“Not a fit and proper person”

There is no definition of what a “fit and proper person” is, and no threshold at which point a person becomes unfit.

This is wee mans laws.

They only apply to people who have no real way to fight back. It’s about setting an example, and not about justice.

CRB checks might mention a lot of things but that doesn't make it real.

This is about inflicting punishment without having to prove a crime has been committed.

There is no burden of proof. You are in fact presumed guilty and you stay that way.

The vast majority of Taxi drivers' have No Record to worry about, but the ones that do always come up with an argument like this..... strange that isn't it...
.......and then they came for the plate barons......

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PostPosted: Mon Oct 01, 2007 1:12 am 
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gusmac wrote:
MR T wrote:
Skull wrote:
“Not a fit and proper person”

There is no definition of what a “fit and proper person” is, and no threshold at which point a person becomes unfit.

This is wee mans laws.

They only apply to people who have no real way to fight back. It’s about setting an example, and not about justice.

CRB checks might mention a lot of things but that doesn't make it real.

This is about inflicting punishment without having to prove a crime has been committed.

There is no burden of proof. You are in fact presumed guilty and you stay that way.

The vast majority of Taxi drivers' have No Record to worry about, but the ones that do always come up with an argument like this..... strange that isn't it...
.......and then they came for the plate barons......


:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

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