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Nearly £100,000 has been paid out to taxi drivers in Guildford fol- lowing a council blunder that meant legislation was not cor- rectly complied with. Guildford Borough Council has paid £97,300 to the cabbies since December because it had failed to advertise fee increases to vehicle and operator licences since 2003.


Disgruntled members of the Guildford Hack- ney Association made a formal objection to public services’ watch- dog the Audit Commission in Sep- tember about the licence fee increases and two other issues. In addition to the coun- cil’s failure to advertise, an associa- tion spokesman maintained that the council did not keep proper records of costs and that fees charged were in excess of costs. In his report, district auditor Paul Grady agreed in part with the


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taxi drivers, noting the unlawful licence increases. He said there was scope for the council to keep better records of the costs and fees for each type of licence. Crucially, he also dis- agreed with the council’s interpretation of legislation - a read- ing that allowed it to include enforcement costs in the fees charged for driver and operator licences. However, he ruled out any application to the courts on any of the issues. In the decision letter Mr Grady said: “There is, on balance, no benefit from seek- ing a declaration to this effect from the court.


“The council accepts that the fees charged in excess of the last advertised fees are unlawful and acknowl- edges it did not


comply with legislative requirements in setting the fee. It has informed me it intends to refund any fees which have been raised unlawful- ly.”


Although the council has now made efforts to right the unlawful increases, some cab- bies believe the council may owe them up to an additional £5million for wrongly factoring in the enforcement costs to the fees of driver and operator licences. Sue Sturgeon, chief financial officer at the council, said the pay- out reflected six financial years - span- ning from April 2003 until the end of March 2009 - when fee increases were not advertised.


According to ‘Get Sur- rey’, she said: “It was simply an error. We had not advertised in


accordance with legis- lation.”


Mark Rostron, vice chairman and secre- tary of the Guildford Hackney Association, said many taxi drivers continued to be unhappy with the council’s handling of taxi issues. He said communication and consultation with driv- ers was lacking. “As regards the out- standing money, I am disappointed that the council has not made more effort to get in touch with drivers - who may be retired or have moved - to give them back what is their money.”


Mr Rostron said his association took a peti- tion to Guildford MP Anne Milton to make all its grievances known. Check out Opinion in this issue, which examines the implica- tions of this story.


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issue 222


issue 222 by Auriga Systems


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