Friday, 15 October 2010

Alan Fleming points out the Law to John Mason.

I have just been asked by one of the Anderson Shelter readers, to post a reply he recently received from a respected Licensed Taxi trade legal voice, Mr Alan Fleming.

In this short announcement Mr Fleming points out the illegality of Private Hire vehicles, that wait outside venues and satellite offices;

Hi TtT,
Alan Fleming has sent me the following, would you be so kind to put it up on the Anderson Shelter.

The correct way for private hire to operate is as follows.

They are supposed to wait in a privately enclosed yard and
wait to be dispatched to an address and not wait on view on
the street.

In the case of Gilbert v Mckay LCJ Goddard stated that even
if the vehicles were in a privately enclosed yard and were
not on view there could still be plying for hire if the vehicles
were available for immediate hire..

Regards
Alan


Now, why are TfL bending the rules/breaking the law in order to show preferential favoritism towards certain Private Hire companies. Perhaps we should have waited outside the Marriott Hotel last night where Mr Mason was the guest of honor at the Private Hire association AGM.

One question we at the Anderson Shelter would ask is;
How can one man be placed in-charge as Head, of two different transport services. Surely this creates a conflict of interest?

12 comments:

  1. It is a big conflict of intrest but like the L.C.D.C .He supports addison lee and private hire ...split the two .

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  2. Alan Flemming and Dave Cohen were crucified by Grant Davis over the issue of stand down pay when Davis took over as chairman of the LCDC. It would be interesting to know how much the present incumbents are chiseling out of the membership coffers for doing sweet F.A. for the trade ?

    The silence from the LCDC is deafening. Read the TfL censored Badge on line, WHY ? It's just the propaganda outlet for TPH !

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  3. Careful Chaps., your getting warmer!!!

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  4. After attending the Q&A session at the airport yesterday,my whole opinion of John Mason has changed,And believe it or not i do believe he is solidly behind the black cab trade,Even explaining in great detail as to why they could take no action against Griffin,and the M4 buslane saga,Apparently Griffin wrote to the Highways Agency about using the buslane,and got an EMAIL back signed by someone,who did not have a clue,saying it was okay,something we see,when our ranks are suspended by ROBIN GILLIS,But as long as Griffin had this it gave him a good reason to go to court,fighting any action against him,If the court of law ruled in his favour it would give him good reason to fight for access to all buslanes,Now if the Buslane closure,is reinstated after the trial period,The PHV trade will have no option but to stay out of it or be prosecuted,So in a way after donating all that money to the Tories,by opening the buslane to all they have shit on Griffin from a great height,It seems Griffin is not as popular in high places as he thought,By now my line was moving so i had to leave but i am sure others will comment on the other things he spoke about,But on returning it seemed as if even the great doubters out there,had come round to thinking he could be who we need.

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  5. Anon no4
    Although unable to attend I have spoken to many who did.
    I have also read the reviews on the forum.
    And I must say you stand alone.

    I have, on a couple of occasions had an audience with Mr Mason and I know he is very good at making promises. Promises he has no intention of keeping. His job is to wrong foot you and make you feel comfortable while Hendy/Livingston's agenda is pushed though. That's why he was hand picked to take over from Ed.

    The Law states that PHV's waiting to be hired outside of a venue are illegal. Case laws backs this up, not Luke Howards £96 book from Derbyshire and make no bones about it Mason knows this. In fact JH Button has made a statement on his website saying that in his opinion it is unlawful for PHV's to stand and wait to be hired.

    Confronted by Taxi drivers Mason now refutes this, but this was not always his stance.

    When I first met with him in January 2010 he said;
    "If Id been in-charge Luke Howard's emails stating that it was legal for PHV's to wait outside venues would never have been sent and we would be in this bloody mess"

    He is not a law maker and has no power to change or amend laws he doesn't like.

    TfL are now bending the rules to suit there own purpose by saying that PHV's outside venues are just parked cars, (in their opinion).

    Case law states that if a driver is with the vehicle then it is waiting and must have a bona fide booking with a name and destination as a minimum, or it is waiting to be hired.

    Mason and his legal team have concocted a bent on the truth.

    It is now imperative that the UTG take legal action in the high court (I know, don't laugh) against Hendy, Mason and Howard. Plus the trade as a whole should take out a class action against these three for loss of earnings.

    Your comment is anonymous, I think you should keep it that way, don't you!

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  6. WE believe Post Anon No 4 had to be made by either John mason himself or a member of the badge (Masons propaganda pamphlet) editorial team.

    No one we have spoken to has this view of todays event. Neither did anyone posting on the forum.

    Most drivers who attended were shocked at the language used by John Mason, many left in protest.

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  7. Grunt JiveAss16/10/2010 04:06

    I believe in John Mason 100%.He has a great vision for us all in the trade.

    He does own a badge too you know... "The Badge!"

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  8. In my opinion Anon 4 has to be Helen Chapman, honestly this man John Mason is not to be trusted, he has his master agenda to work to, he's just a schmouser, and you should not be fooled with his Tony Blair acting capabilities.

    John Mason is the director of Taxis and Private Hire, he should know the law.

    There was a 54% rise in sexual assaults and rapes last year in mini cabs under J.Masons watch,

    I think the figure is 134 or 143 or was it 431 rapes and sexual assaults in mini cabs under J.Masons watch,

    John Mason in my opinion hasn't done any thing to eradicate the illegal touts that infest the Olympic City night after night.

    Do the International Olympic Committee know about these disgusting figures, increasing at a minimum rate of 2 a week, every week.

    Why doe's Mr Mason let mini cabs rank up,tout,and break the law with impunity and commit these outrageous crimes.

    If he was a man, a true man, an honest man, a man with integrity, a loyal man, a man you could trust, he would act wouldn't he.

    Rudyard Killings poem 'IF" maybe one day my son....... but not presently.

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  9. Hey TtT,why don't you do a poll,

    Is Mr Mason doing a good job to eradicate the sexual preditors and mini cab touts

    YES or NO

    Vote NO 1 .... is NO.

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  10. I am aware that this is a major problem. There has been a lot of publicity urging young women not to use unlicensed cabs, and I hope this continues. I certainly do not think that we should have minicabs touting for business in competition to black cabs in London.

    Best wishes

    Chris Grayling MP

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  11. It seems that no matter what he says the skeptics just don't believe him, and keep on that all he says is lies. In my humble opinion, he is a good speaker, he is also only a civil servant but there is a distinct limit to what he can do. I don't hear many stories of any of his predecessors being anywhere near as approachable or available.

    I keep hearing that we should go back under the control of the Police, why? What have the Police got to do with running of the public transport system, surely a real conflict of interests would arise if they administered and enforced a limited group? Very few taxi drivers seem to appreciate that they ARE part of TfL and will be administered as a part of it. Let's suppose we are taken back by the police, what's to stop TfL giving PH a limited right to ply for hire, if we are not part of the equation we get left (even further) behind.

    We can't have it both ways, either minicab drivers are forming an illegal rank if they wait in their cars or they are not if they get out and leave the car parked? Presumably they have to park somewhere. Abacus is a good example of a balls up by disunited taxi organisations with no common strategy, we got sidestepped by the owners who got themselves a full TfL operators licence, so while we were barking on about satellite offices they were laughing at us. If we have learned nothing, we should have at least had a hint by now that the authorities are crumbling under the pressure of enforcement, and the only successes have been when taxi drivers take it upon themselves to enforce the law. The ONLY tactic that has worked in any way against the touts is to service the venues. Look at Funky Buddha, all that fuss, a new rank, backslapping all round and the same bloody doorman is still there working as usual. He tells me that he does a few less jobs, but he is still busy when we are busy.

    Money will become an issue soon, why not put our hands in our pockets and offer to fund a doubling or trebling of TOCU ourselves, then if they can't do it, we can withdraw the funding and sack them ourselves.

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  12. Theres always comments on here about how bad a job JOHN MASON,is doing,well just tell me this,what can he do,He is just a civl servant with no power of arrest,thats the POLICES,job all he can do is take action after an arrest is made,by revoking thier licenses,and he is doing that,The only people that are not doing thier jobs are the POLICE and BORIS JOHNSON,
    1.The police for turning a blind eye.
    2.BORIS for not questioning the Comissioner of Police as to what is going on,as he funds the TOCU,with our money.
    As was once said by the old cab enforcement,"they can throw as much money at us as they like" "but they cant tell us what to do.
    Maybe its time to leave the minnows alone,and lets go for the big fish.

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