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COMPLIANCE OFFICER’S REPORT |
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Hello Ladies and Gents,
Suspended taxis |
 you feel you were charged or offered cabs at inflated prices. By the time you read this, most - if not all of the taxis - should have had the remedial work completed and should be back on the road. Can I ask all relevant members to inform Driver Services of the dates and duration that you were actually unable to use the radio, so that they are able to correctly adjust your subscriptions. Incorrectly booking-in… |
Drivers also complain that there are certain
regular trips in outer zones that they feel may not be allocated
in an equal manner. Be sure that outer zones are being
monitored; reports are now being run and if it can be proved
that there is a specific driver who books in to a particular
zone very early because he or she may have prior knowledge of
the trip and accepts the trip on a regular basis, it will also
lead to a complaint. Credit cards Allan Evans |
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Gary Bromelow is a partner and road traffic expert of Saunders Solicitors who are based in both Aldersgate and Great Titchfield Streets. He is happy to answer driver’s motoring legal questions sent via Call Sign… ASK GARY… |
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Question from Steve
Hassan (P95) in last month’s Mailshot: I read with interest the article in the September Call Sign on the Camden rip-off merchants, as I was one of those caught when the new u-turn restriction at the top of Southampton Row started. I still have details and sent off an email to Camden requesting my money back as the signage was now agreed to be inadequate. Needless to say they declined to reimburse me, even though I quoted Bob Stafford’s (N75) PCN details from the article. Camden state that the charge has been paid in full so they are not responsible, as the charge was not contested at the time. Where should I go from here? Surely if the signage is wrong and agreed to be so, then Camden should be charged with extortion? Gary’s answer: It is certainly an interesting position for a local authority to adopt that money is not required to be reimbursed where there has been a tacit admission that it was taken incorrectly in the first place. The concept in law allowing a public body to act in a certain manner is that they exercise any function within the limits of that power. Obviously, to demand and then accept a charge that is then shown to be unlawful and thereafter to refuse to reimburse that money means the Council are then acting in a manner that we lawyers call ultra vires, or outside their power. In a perfect legal world, all drivers affected would march off to the High Court with applications that the actions of the Council be reviewed, that they be held to be so unreasonable that no reasonable Council could act in such a manner and that the money should be returned at the order of the Court. Obviously this would be a massively expensive exercise and disproportionate to the actual level of charges so realistically I couldn't suggest that this route be taken. However, there is a more practical route that can be followed where somebody finds themselves in a dispute with a Local Authority. The Local Government Ombudsman has power to deal with Council’s when they act in a manner where they are at fault. Clearly this is just such a case. The first thing to do is to formally complain to the Council, I suggest that this be done in writing and that a copy of all correspondence is kept. The complaint to the Ombudsman should be within twelve months of your matter for complaint arising. The Ombudsman has real teeth as the powers for them to request documents are the same as those enjoyed by the High Court. There is no charge for their service and Council's almost inevitably follow their recommendations. I suspect that the mention of such a complaint, together with a liberal requesting of everybody's name who has been involved in the decision making process, should yield a favourable result. A useful link to them is at http://www.lgo.org.uk/pdf/howcompcouncil.pdf. Gary Bromelow * Steve’s ticket is under a year and he’ll be trying Gary’s advice… |
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