Taxi Driver Online :: View topic - John Preece wins court battle against Plymouth council

I've just heard from a reliable source that he did indeed win - 1 plate.

Drives.

Drives wrote:

I've just heard from a reliable source that he did indeed win - 1 plate.

Drives.

But what is stopping him applying for 100 plates tomorrow?

As the council now have no defence, as their survey has been deemed flawed, then they can't refuse him, you, or me. :wink:

on top of that his QC gave Plymouth council an application for another 50 licenses.

JD wrote:

on top of that his QC gave Plymouth council an application for another 50 licenses.

That will lead to de-limitation.

Nuff said. :wink:

If this case had been heard by a stronger judge I think the whole survey would have been thrown out, as it is the Judge let the stance data of the survey stand. However if they wish to retain numbers control Plymouth council will have to do another survey.

JD wrote:

I can't believe any High Court judge will allow that. The SUD survey is either right or it is not. It can't be half right. :lol:

The only defense the council have/had was the SUD survey, it was not 100%, so that defense goes. It's like saying a police statement is ok, because only part of it was a lie. [-(

That's it then eh.

There's also 180 names on a plate waiting list, surely now they have as much right as satin, sorry, Mr Preece.

Surely that must be a win win for everyone.

Author:	JD [ Tue Mar 07, 2006 7:32 pm ]
Post subject:	John Preece wins court battle against Plymouth council
I've just been told John Preece of Taxifast has won his appeal against Plymouth Council. Details to follow. Regards JD

Author:	Drives [ Tue Mar 07, 2006 8:43 pm ]
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I've just heard from a reliable source that he did indeed win - 1 plate. Drives.

Author:	JD [ Tue Mar 07, 2006 8:50 pm ]
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Drives wrote: I've just heard from a reliable source that he did indeed win - 1 plate. Drives. Yes it was always going to be one or thirty. One would have to read the judgement to determine why he wasn't given 30. As you probably know yesterday was dedicated to whether or not he got one or thirty. Having not yet seen the judgement it would be folly to comment on that scenario. The main thing for the appellant is winning and getting the costs awarded to him. We shall have to see if costs follow victory won't we? Regards JD

Author:	Drives [ Tue Mar 07, 2006 8:53 pm ]
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Why one though? I always thought it would be either "No you have no case" or "Yes the survey is flawed, and the council is wrong to limit the number of plates based on a dodgy survey".......not "yeh the survey was dodgy but heres 1 plate to shut you up"

Author:	Sussex [ Tue Mar 07, 2006 9:06 pm ]
Post subject:
Drives wrote: I've just heard from a reliable source that he did indeed win - 1 plate. Drives. But what is stopping him applying for 100 plates tomorrow? As the council now have no defence, as their survey has been deemed flawed, then they can't refuse him, you, or me.

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John Preece wins court battle against Plymouth council https://taxi-driver.co.uk/phpBB2/viewtopic.php?f=3&t=3341	Page 1 of 7

Author:	JD [ Tue Mar 07, 2006 9:21 pm ]
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Sussex wrote: Drives wrote: I've just heard from a reliable source that he did indeed win - 1 plate. Drives. But what is stopping him applying for 100 plates tomorrow? As the council now have no defence, as their survey has been deemed flawed, then they can't refuse him, you, or me. You have to realise this was a recorder, I understand it took him a week to understand the difference between Private hire and hackney carriage. The circumstances are that he was awarded one license which the council said he originally applied for but he is going to the appeal court for the other 29 and on top of that his QC gave Plymouth council an application for another 50 licenses. The council have to pay 60% of his costs and I also understand the council are going to sue TPI for those costs. The Questionnaire part of the survey was thrown out and the outfit who did the survey has been reported to the CPS for possible prosecution. Regards JD

Author:	Sussex [ Tue Mar 07, 2006 9:26 pm ]
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JD wrote: on top of that his QC gave Plymouth council an application for another 50 licenses. That will lead to de-limitation. Nuff said.

Author:	JD [ Tue Mar 07, 2006 9:43 pm ]
Post subject:
Sussex wrote: JD wrote: on top of that his QC gave Plymouth council an application for another 50 licenses. That will lead to de-limitation. Nuff said. If this case had been heard by a stronger judge I think the whole survey would have been thrown out, as it is the Judge let the stance data of the survey stand. However if they wish to retain numbers control Plymouth council will have to do another survey. Plymouth council have spent a lot of money in order to retain numbers and so has the applicant in trying to get what should have been granted to him two years ago. Mr Preece may have won the case and got 60% of his costs but it is no doubt a disappointment only getting one plate. Regards JD

Author:	Sussex [ Tue Mar 07, 2006 9:48 pm ]
Post subject:
JD wrote: If this case had been heard by a stronger judge I think the whole survey would have been thrown out, as it is the Judge let the stance data of the survey stand. However if they wish to retain numbers control Plymouth council will have to do another survey. I can't believe any High Court judge will allow that. The SUD survey is either right or it is not. It can't be half right. The only defense the council have/had was the SUD survey, it was not 100%, so that defense goes. It's like saying a police statement is ok, because only part of it was a lie.

Author:	JD [ Tue Mar 07, 2006 10:00 pm ]
Post subject:
Sussex wrote: JD wrote: If this case had been heard by a stronger judge I think the whole survey would have been thrown out, as it is the Judge let the stance data of the survey stand. However if they wish to retain numbers control Plymouth council will have to do another survey. I can't believe any High Court judge will allow that. The SUD survey is either right or it is not. It can't be half right. The only defense the council have/had was the SUD survey, it was not 100%, so that defense goes. It's like saying a police statement is ok, because only part of it was a lie. That's what I mean about a stronger judge. I think in this respect when he said the stance data of the survey was ok, I think he was meaning that it wasn't forged and as such it should not be included in the file sent to the CPS. You are correct in saying that a survey can't be half right or a half wrong, a survey is either flawed or it isn't. There has been a press release given out so it will be interesting to see what slant they put on it. Once again it was TDO first with the news but I suspect it won't be long before those on less credible sites steal the information without giving credit from whence it came. Regards JD

Author:	jiffy [ Tue Mar 07, 2006 10:54 pm ]
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The scarey part is this Government wises to do away with "Trial by Jury", imagine being judged by that t***. I find you Innocent....well sort of..... you only get 1 year instead of 30

Author:	Darren63 [ Tue Mar 07, 2006 11:24 pm ]
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That's it then eh. There's also 180 names on a plate waiting list, surely now they have as much right as satin, sorry, Mr Preece.

Author:	Sussex [ Tue Mar 07, 2006 11:40 pm ]
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Darren63 wrote: That's it then eh. There's also 180 names on a plate waiting list, surely now they have as much right as satin, sorry, Mr Preece. In an ideal world yes. But in this one those 180 lads and lasses have been sold down the river by a two-bob council and a two-bob system. If the council had found SUD then they could have given any new plates to some of the 180. But as they didn't, then the only applicant before the court was Mr Preece. And with those 50 new applications Mr Preece is still the only person to have formally applied. All that said, if Plymouth do de-limit then you, the 180, and Mr Preece can have as many plates as you want. Surely that must be a win win for everyone.

Author:	Darren63 [ Tue Mar 07, 2006 11:59 pm ]
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Quote: Surely that must be a win win for everyone. Emmm, no. The hackney trade in Plymouth is basically in the toilet at present, but there you go. I'm of the opinion its a viscious circle, limit plates like we currently have and you have inflated plate values, to earn back these large amounts (circa 30k) owner drivers work more to pay back loans and owner renters charge more rent which means renters need to work more. Now, derestrict the plates and many people believe you'll suddenly have 100's of drivers coming into the trade, I don't think this personally, I'm of the opinion the trade will always find a level and if people can't earn the living the need to then they'll leave. Luckily I'm in a minority and still have plenty of available hours I can work but many drivers are already doing 14+ hrs a day, these are the ones deresriction would affect the worst I feel.

Author:	Skull [ Wed Mar 08, 2006 1:46 am ]
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Mr. Preece seems to have balls of steel. I can’t but help admire someone with that degree of commitment. Maybe it is he who should be telling the council how to run Plymouth. I take it the council have got it in for the man and his money?

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