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Wirral Driver loses Livelihood... ‘Late

Wirral taxi driver, 63-year-old grandfather of three Mike Rice (pictured) got a nasty surprise when he tried to renew the ‘plate’ on his ‘V’ Metrocab, the council ruled that Mike was too late with his application and refused the application. Mr Rice appealed to the licensing committee that confirmed the licensing officer’s decision. Wirral Borough Council, have a deregulated numbers policy at the moment, pending a survey and it was made clear to Mr Rice that they would only license a taxi that didn’t exceed three years old. However, Mr Rice has stated that he is reluctant to take on up to £30K of finance at his age, even if he could obtain finance in the current financial crisis, in that it is becoming increasingly difficult for taxi and private hire drivers to obtain finance even with squeaky clean credit history (see last month’s editorial SharksR Us).

The problem started back in December, when Mr Rice booked his Metrocab into a garage to prepare for the annual compliance test, because of problems obtaining parts for this particular vehicle, the cab was ready for test on the day of expiry 19 December 2009 (which incidentally was a Saturday). The cab was finally booked in on Monday 21 December, unfortunately it failed and because of the break for Christmas and another part had to be ordered, it was not until the 29 December that the cab passed the compliance test.

The council issued a suspension notice on the 22 December, which they now state was issued “In error”, because according to Wirral Borough Council’s hard-line policy, the Metrocab ceased to be a taxi on the 20 December.

The most surprising aspect of the decision is that there is not a definitive court ruling to guide the authority, even more surprising considering that the law has been in existence for 163 years! However, all may change this year; because there has recently been a number of councils adopting the same policy, as recently as October 2009, a taxi proprietor had the council’s

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Auto Option

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Bags of Space

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Access Cab

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application’ rejected by Council

A

decision overturned in court (the story appeared in February’s issue) in Exeter with the court costs awarded against the council. Exeter council have signalled their intention to appeal the decision to the High Court.

There is no apparent reason why there has not been a definitive case; one theory is that because the appeal against the issue of a taxi licence (plate) is the only appeal heard in the Crown Court as opposed to the Magistrates’ Court, this means that the appeal will cost significantly more, however for any licence holder who finds themselves in a similar situation, there have been a number of court cases and the court have ruled for the proprietor. Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44
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