Source: Huddersfield Daily Examiner
CALDERDALE Council is to refund thousands of pounds to taxi drivers who were fined under an “illegal” fixed penalty scheme.
The council was forced to abandon the scheme of ‘offence notices’, which it introduced on April 1 2008, after a legal challenge.
The council must now hand back £4,725 in fines levied under the scheme, which sought to impose fixed penalties on taxi drivers for minor infringements of their licensing agreements, most commonly for not wearing their driver’s badge.
Calderdale licensing officers issued 84 notices between April 1, 2008, and May 31, 2009.
The climb-down came after Calderdale Private Hire Association recruited a licensing consultant to challenge the lawfulness of the scheme in July.
David Wilson, of Northumberland-based a2z licensing, made a written submission to the council’s licensing and regulatory committee arguing that the fixed penalty scheme was unlawful.
And after taking legal advice, councillors agreed to abandon the scheme.
Mr Wilson said: “While it’s unfortunate the council did not realise the scheme was unlawful in the first place, credit must be given to councillors and officers for the fair and open way in which they have dealt with this matter, since the legal basis for challenging the scheme was submitted to them.”
Calderdale had argued that the scheme was legal under local government legislation because it was likely to “achieve… the promotion or improvement of the economic, social or environmental well-being” of the area.
But Mr Wilson said there was no evidence to suggest the licensing and regulatory committee had any regard to a “community strategy”.
Instead a report, by the council’s chief law and administration officer, said the scheme aimed to “create a more effective enforcement procedure and reduce use of administrative and legal resources”.
Mr Wilson said other local authorities seeking to make savings had done so by operating non-financial schemes, usually on the basis of penalty points, where offenders face prosecution if they receive a set number of points within a specified period of time.
The council will now revert to a system of written cautions followed by prosecutions in the magistrates’ courts.
{ 36 comments… read them below or add one }
Well done Mr Wilson, maybe this will prove to those who doubt you that you provide a service for private hire, hackney drivers,operators or even associations.
i firmly believe that local authorities are up against it when you become involved even more so that if someone were represented by a solicitor, as you seem to know more backroom knowledge than a solicitor.
So well done again in beating a council that some others tried to and failed ! I hope you continue doing what you do so councils will know they can no longer bully the trade and its members in the hope they will not fight or argue back
@Ian Shanks, Hadaway with yourself Ian, you know this is a serious website. If you two want to do your courting get a room.
@Ollie Beak, are the facts true or false ? or are you someone who simply spends his life having a pop at people no matter what good they may have achieved?
@ian shanks, The problem here Ian is that the bad outweighs the good.
Just ask the Hackney Carriage trade about this if you’re at all interested in whether the facts are true or false.
Take off your rose tinted spectacles, do an honest days work and wake up smell the coffee.
@Ollie Beak, I could say the same to you and the hackney trade ! as its my belief that the public has changed it’s pattern of use and not the trade.
The trade still do what they do, but the work is migrating to the private hire sector, and sitting as a hackney believing its should simply come your way is no longer a option.
The additional drivers in the job is simply economics about supply and demand.
maybe you should think about getting your eyes tested
anyway we seem to have sparked some life into the site ?
@Ollie Beak, we are back to local Authority’s as being the problem and the lack of Enforcement ! but i would say they are making more of a effort but still not enough.
Myself and managers were out on Friday night at i would say it seem less apparent than previous visits, but it needs more and more regular enforcement.
Ps nice to has constructive chat rather than slagging
Ian, have a word with yourself, you are kissing David Willsons arse for fighting against unfare charges against drivers, yet YOU charge £40 for bounced cheques plus late rent charge(total £75), £25 for rent 1 minute or more late and £25 for any other reason you see fit if a driver breaks any of your ever changing rules!!!! maybe your drivers should use Dave Willson to fight you! or did you make it part of his retainer he cant help drivers against you?
@Mark, simply answer, Dont Bounce cheques, dont be late in paying
Oh, dont think its possible to pay late with a bounced cheque? so the £75 does not happen.
@Ian Shanks, your of sh@t you do charge £75!
If the simple answere for your drivers is “don’t pay late or break any off my ever changing rules”, then is the answere not for you to just follow the council rules, then you would not need dave willson to find you loopholes!
But one rule for you and one for everyone else!
@Mark, did you go to the same school as me ?
@Ian Shanks, Did you go to school?
FUNNY HOW YOU RELY ON THE LAW NOW MR WILSON, TO DEFEAT CALDERDALE, BUT
CHOOSE TO IGNORE THE BERWICK-UPON-TWEED BYELAWS, ABOUT “HIRE OR REWARD”
BEING ACTUALLY WHAT A HACKNEY CARRIAGE LICENCE PLATE IS TO BE ISSUED FOR IN
BERWICK, THAT IS TO BE THE IMPORTANT CORNERSTONE PART OF THE LAW FOR THAT
MATTER, AS IN RELATION TO THE PROBLEM YOU MR WILSON, CAUSED WITH YOUR FREE
FOR ALL IN BERWICK-UPON-TWEED!!!!!!
@Zorro,
Zorro,
I think you’ll find I’m not responsible for the geographic limitations of byelaws – they are unenforceable outside of the area of the council that imposed them. That’s the law; and a very ancient law at that!
As for the lawful purpose of a hackney carriage, I’m sure you’ll agree that they may be pre-booked.
The issue is really one of whether a council should licence a hackney carriage, knowing it is going to be used “remotely” from the area of that council. The High Court said that would not be unlawful, but that it would be unlikely that a council could, in those circumstances, fulfil its responsibilities to monitor, control and regulate such vehicles and should not, in those circumstances, licence such vehicles.
What is “remote”? The judge indicated that there was a need for flexibility when considering neighbouring council areas, such as Newcastle and North Tyneside. As Berwick is now only a zone in the council area of Northumberland, the enforcement responsibilities rest upon Northumberland as a whole. Northumberland neighbours both Newcastle and North Tyneside, as well as Durham, the Cumbrian district councils and Scottish Borders. Even following the Berwick judgment, the law remains capable of various interpretations.
When at Berwick, I said a hackney carriage could do pre-booked work; and the court agreed. I said a hackney carriage could do pre-booked work anywhere in the country and the court agreed. I said I had no power to refuse a licence if a proprietor was a fit and proper person and vehicle was fit for public service; and the court did not agree. However, the court did say we had a discretion to grant licences and it would not be unlawful to do so, so long as the council could monitor, control and regulate vehicles that were being used “remotely”.
As a result of the judgment, there are areas where I would no longer have been prepared to grant licences (e.g. mid-Wales, although that one plate had already been surrendered). Personally, I find it difficult to say that Northumberland is remote to Newcastle and North Tyneside when all three councils neighbour each other near Seaton Burn; and the judge recognised the need for “cross-border” arrangements between Newcastle and North Tyneside. What was not taken into account was the impact of local government re-organisation – something else for which I am not responsible!
I think it’s good what Mr Wilson did to Calderdale Council, lets hope he plans to win some “HOME GAMES” now, not mentioning any particular Council of course!!!, because I am sure Berwick have just licensed another Vehicle in the form of a bright striking red Transit, that has two Berwick top signs on, and lots of hideous graphics on, it’s based at Battle Hill Taxis, you know the place that has 6 seater Doblo’s.
@Stephen Arthur, there seem to be loads of newly berwick plated cars al over not sure if there new plates or replacement vehicles.
@homersdouble, Are they not replacement drivers for those that are in jail now?
(You know chocolate liqueurs, personal problems, trafficking, the usual sorts of reasons).
The streets are paved with fit and proper people are they not?
You don’t need to sit a locality test anymore, enhanced CRB checks are obsolete all you need now is a wedge of cash to the right man and your legit.
@Ollie Beak, there is always that option too , my mistake ..
@Stephen Arthur,
Stephen,
I’ve also had wins at “home games”, but they’ve been for individuals and haven’t attracted media coverage. If those individuals wish to publicise my wins that is a matter for them, but I don’t think I should be doing so, without their agreement.
There have, however, been some changes implemented at North Tyneside, South Tyneside and Gateshead as a result of my direct involvement with the councils or resulting from advice given to individuals.
@David Wilson, Don’t forget to mention your ‘own goals’ as well because they are what makes you such a dangerous individual to our trade.
@Ollie Beak,
Such as . . . . ?
@David Wilson, Ask all your friends in the taxi trade hotshot.
@David Wilson, I want to be your friend David I don’t believe what they all say about you behind your back. I would like to write to you but they won’t allow me sharp objects in here.
If you could just get me a second hand Berwick plate I can tell the parole board that I’ve got a proper job on the outside. I’ve got all the necessary qualifications you know drunk driving, multiple speeding offences, aggravated burglary, actual bodily harm and a penchant for chocolate liqueurs.
Don’t worry it’ll be our little secret.
Yours in anticipation,
J. T. Hut
@David Wilson, I’m really flattered myself now David. I take it that when you say I would be better off in an industry that’s not heavily regulated that, like you, I should become a solicitor’s clerk?
J.T.H.
Here a job that might pay a little more then taxi’s anybody intersted?.
http://www.jobcentreplus.gov.uk/Internet/viewVacancy.do?selectedVacancy=34&ref=KLL/8823
Still the wrong one, Newcastle are looking for Taxi licensing officer in the jobcentre anyway! http://www.jobcentreplus.gov.uk/Internet/jobDetails.do
the jobs for north tyneside
the job is @ north tyneside council
@David Wilson, Pray Tell David!
@Admin,
I’m sorry, but client confidentiality is client confidentiality!
@David Wilson, Nobody is asking you to contravene the official secrets act David but if there have been changes made within local licensing which are of benefit to all then share this information.You don’t have to name anyone who you may have got off the hook just show a bit of goodwill, you may gather some clients.
David Wilson
If you have done something to North and South Tyneside Council and Gateshead, let us know, we may get to like you!
Or, do you enjoy a battering on the World Wide Web????
Also you can go after Northumberland Council if you want, lets be honest they did’nt want your expert experience did they?.
Regards
Stephen
@ian shanks, You never said a truer word when you said there has been a lot of migrating.
The fact is that the hackney drivers do not have a problem with yours or anyone else’s private hire office as long as the workforce only does booked jobs.
Herein lies the problem Ian.
@curt, Wot’s skool?
@Ollie Beak,
And what do you think the question, “Such as . . . . ?” was?
You’ve chosen not to answer my question, so I’ll just have to wait to see if anyone else wants to answer!
Regards,
“Hotshot”
@Jabber The Hut,
Dear Jabber,
Whilst I’m flattered that you think I could help you obtain a Berwick plate and badge, there are limits to even my abilities; and, with all due respect, your reputation, like my own, goes before you.
With your record, you’d probably be better off looking for work in an industry that is not heavily regulated.
David
@Jabber The Hut,
Dear, dear Jabber,
I’m sure that with your vast experience of the criminal justice and penal systems you’d have a lot to offer a law firm specialising in criminal and penal law, but unfortunately the legal profession is far more regulated that it appears to be.
Perhaps you’d be better off seeking advice from a career advisor.
David