Saturday, 23 October 2010

Is this the way to fight back? ...By David Clegg

Re: John Mason's visit to the feederpark

http://ucg-london.co.uk/?p=172

After reading the excellent Report from the meeting at Heathrow between London licensed taxi drivers and John Mason, the Director of Taxis & Private Hire at TfL, I feel something must be said (and done) to counteract his ill-conceived beliefs and ill-considered views.

Well, that Report certainly ‘told’ Mr Mason where to get off as he seems to think that his job is to interpret the law and then enforce it in line with his own interpretation. Well it cannot be done like this – as it is the place of the High Court to do this and has already done so in so many cases over the years and none of those High Court Precedents are in line with the views expressed by Mr Mason who may be trying to hide behind his so-called legal team to justify his actions.

This seeming obfuscation and misrepresentation has got to be shown for what it is and his continual ducking & diving has left us little choice other than to seek a permanent and ‘Just’ legal remedy.

As I’ve said before - It is time a legal case was mounted against such incompetence and lack of professionalism that emanates from his department that undermines the Licensed London taxi trade by association. Doesn’t it make you wonder how we came to be in this sorry mess in the first place?

How long should we let Mr Mason get away with this? He is, by his actions, in essence, defending the LPH trade as I’m sure TfL are terrified that their failings in setting-up this nefarious business properly will come under the microscope and show what a complete and utter failure the LPH legislation has proven to be.

The public protection is simply not there – and the TfL figures prove it for us.
It appears Mr Mason, since taking on his role, has wanted to make a reputation for himself so perhaps we can go some way to accommodate him.

Mr Mason may well believe that the lack of evidence from the statistics as to who actually commits all these sexual assaults, muggings and rapes will save him. He says he cannot produce the figures that would define if Licensed taxi drivers or licensed private hire drivers were perpetrating these crimes, but he is now on record as saying that it is largely unlicensed minicab drivers – well he would, wouldn’t he?

The Report stated:
He claimed that statistics supplied to him by the Metropolitan Police show that the vast majority of sexual assaults were carried out by illegal mini cab drivers.”
But how does he know this if he now denies the figures can’t actually be shown to support this? It must be remembered that the Metropolitan Police and the City of London Police work very closely with TfL and its ‘enforcement teams’ so we may have to consider that they are also part of the problem.

I believe Mr Mason’s assertions would not stand up in Court but that is the place where he has to be taken to answer his lack of ‘Duty of Care’ and ‘Fiduciary Duty’ and in order to stop all this silly nonsense that has been going on ever since TfL implemented the grossly inadequate Licensed Private Hire (Vehicles) Act 1998.

They can’t police it – and it looks like they can’t control it either. I don’t know what we are waiting for – but, can you imagine any of those within the UTG setting the ball rolling either individually or collectively? It would be unimaginable, and in my view, the trade would be on the borders of collapse before this happened.

The UTG consists of the LTDA, the LCDC and Unite ‘the Union’, (formerly the Transport & General Workers Union - Cab Section) and none of these groups has ever taken action such as this and can we now feel safe enough in their hands? – it appears not.

It seems that our groups have let us down and it may now fall to the everyday cab driver to fight on their own behalf or perhaps one or two of the ‘emerging’ representative groups such as the RMT or the UCG (if and when they become incorporated though neither are yet recognised by TfL). Unless someone can come up with a suitable suggestion on how to make the biggest challenge the cab trade has faced in generations to become a reality and really stand our ground. Who really does speak up for us with a permanent solution when we face such huge and often illegal competition?

Mr Mason says he doesn’t want to go to Court and possibly lose – so we must show him that going to Court is our precise intention and show up this minicab racket seemingly aided and abetted by the actions (i.e. inaction) of his much reported 68 front-line officers (that they consider as inadequate) and the continued inability of his department to safeguard the public.

It has been repeatedly shown that the law is already there but it seems he fails to either believe it or apply it. So we must make sure this does happen. He cannot say it hasn’t been pointed out to him. Nothing less than this is ever going to finally resolve this very important issue – or do we just go on complaining forever, but DO nothing making it look as if we just like the sound of our own voices?

After so many years of anguish for us I believe it is time to ‘get real’ or just stop moaning and go about our business and leave the minicabs to eventually over-run us. If we cannot defend our own trade against such staggering official incompetence then perhaps we should give up trying.

I feel sure so many drivers would make a financial commitment (I certainly would) to end this minicab farce that seems to have been going on forever; plaguing the public and bringing disgrace to our world-famous city and its much admired taxi trade. We gave up being a 3rd world country a long time ago.

If Mr Mason, with all the resources at his disposal, can’t do this job and enforce the law then he should resign – with immediate effect. We can no longer allow Mr Mason, in his misplaced thoughts of what his role should be, to further damage our trade by not doing his job properly or even conscientiously – in spite of his bleating to the contrary.

In my view, Bob Oddy (our representative on the TfL Board) and as General Secretary of the LTDA will never, whilst he draws breath, do something as powerful and worthwhile as this in standing up for the trade (even though I’m sure they are financially capable of it) and the LCDC, under current circumstances, would just not have the wherewithal in financial or human resources. I’d like to be proved wrong.

The LTDA was set up in the mid-sixties specifically to combat minicabs which is reflected in their Rules and today we see that they derive up to £700,000 per annum dividend payments from a minicab group (via ComCab) they are part-owners of, and yet the LCDC is happy to sit with them.
It is time the trade woke up - I’m afraid legal action is probably the best way to go if Mr Mason continues on his present course of contempt for the London taxi trade and the public safety. We need good legal advice to get this matter sorted out once, and for all.

The trade sorely needs this - Actions speak louder than words – and the ball is in OUR court.

Kindest Regards,

David Clegg

Licensed London cab driver since 1967
Former Board Member of Dial-a-Cab
Former Vice-President & Secretary of the DAC Credit Union
Former Director of Taxi Trade Fairs Ltd (A Trade Charity)
Former Secretary of the Dunlop Taxi Driver of the Year Charity Fund.
Former School Governor for 10 years
Former National Executive Officer of the Sub-Aqua Association (SAA)
Author of LCDC Rules
Author of HATDU Rules

30 comments:

  1. Brian (ex LCDC member)23/10/2010 01:08

    Alan Fleming.
    David Clegg.
    John Kennedy.

    Anyone else want to draw a line in the sand?
    The others (UTG, namely LTDA, LCDC and Unite) seem to have capitulated.

    Latest post on the LCDC is a fairy tale, telling everyone not to worry cause Joe Royal and Steve Burton are doing such a wonderful job.
    And the day men all lived happy ever after.

    Grant, Darrel, Alan and Tony get yourself out of Mason arse.

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  2. After reading this excellent piece it seems everything is in place to take this to court,the only stumbling block seems to be money,its obvious to all that the UTG,will distance themselves from it,as SILENT BOB will do nothing that may upset TFL,and GRANT DAVIS just does as he is told,and as we know most UNITE members,are at the Airport,and dont care what happens to the trade as long as they bypass the feeder park,So the only organisation left to do this is the RMT they certainly have the money,But do they have the commitment to the cab trade,thats something we will have to see,

    Coming back to the Airport,I have noticed like HATDU,LCDC, that the LTDA reps are now going through both feeder parks,So that leaves just UNITE and HALTS,that park on the fence,why?.Did not HALTS become a seperate company,And move off the Airport,into Capital House on the Bath Road,UNITE hide behind the fact they are Marshalls,okay i will let them have that,But what makes the UNITE REPS,any different to the others,It makes me think if the parking on the fence and missing the feeder parks concession was taken away,UNITE would cease to exist,Yet they still get a say on things that affect our trade.

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  3. John Harris23/10/2010 02:32

    We know what the law is, just as much as they know what the law is.
    To interpret the law in the way Mason and his gang have done is not only immoral, its illegal.

    It has to be challenged at the highest level. We must go to court but the only ones with that type of money is the LTDA and they don't want to spend it.
    Oddy gave away more money last year to charitable causes than would cost to take on T&PH. It just doesn't add up.
    Our man on the Board must be in the swindle.
    Phone him up with any idea and you get

    I've been doing this job since you were a baby!
    We've already tried it!
    We cant do nothing!
    I'll tear your membership up now!
    Don't phone me no more!
    and, oh yes..... F**K Off.

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  4. I see that the LTDA has decided that scrapping the M4 bus lane is a good idea.
    They have decided this on your behalf (if you are one of their very generous subscribers).
    Did they ask you?
    None of the committee drive cabs so it doesn't matter a fig to them.

    Oddy once said he would rather use a mini cab to the airport, its more comfortable. But don't take my word for it, its on the butter boy tapes.

    Dicky the snail is even confusing the UCG with the RMT in his latest ramblings, just shows how out of touch this trade rep is.

    Its not that funny if your paying him £16 a month to represent you.

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  5. My enemies enemy is my friend!

    Not sure about that one.

    Both Fleming and Clegg were once in a position to do something, but didn't.

    NOW they want to lecture!!!

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  6. It is time for those who can lead to step up to the plate and pick up the baton.
    No More infighting
    We have a clear enemy in front of us.
    Do we regroup now, or carry on fighting each other?
    Gentlemen the trade is in your hands

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  7. What a wonderful piece of writing by David Clegg,where on earth has this man been hiding?

    It's clear to me that something is brewing within the cab trade.

    It's only a matter of time before the comments stop and we turn this into direct action.

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  8. Do we regroup?

    Yes!

    Join the UCG!

    We are the only group who have got the balls and the get up 'n' go to fight back!

    A UTG subscription is a wasted subscription.

    Join us for free!

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  9. you lot talk complete bollox, ltda are the only group that have ever taken issues to court.

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  10. Ahh, Maybe its time for a sit down
    The heads of the five families(trade orgs.)
    Maybe in a green hut
    In my life time? Maybe.......

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  11. I can't believe that the LTDA receive money from a mini cab group, simply astonishing.

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  12. Oddley Noddy23/10/2010 11:11

    Anon no 6
    Yes the LTDA are the only ones to go to court on behalf of the trade. As of yet they have lost every case
    It's because they went to court over peddicabs and lost, we are swamped with the buggers.

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  13. Bravo to Mr Clegg

    I would love to meet you and discuss this

    Come to the next UCG meeting

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  14. A very considered post Mr Clegg, It is plainly obvious that TfL have little interest in our wellbeing and even less interest in carrying out their duty.

    We have been banging on for months:

    ENFORCE THE LAW!

    A message to all those who are members of UTG organisations, either get you committees etc. to back this campaign or tell them your away to join someone else!

    My message to them is:

    Are you only interested in looking after yourselves and 'bad mouthing' anyone prepared to speak up for the trade?

    Prove me wrong, Mr Oddy, Mr Rose & Mr Davis!

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  15. To Travis,I will be leaving the LCDC.

    TFL thought they had everyone of influence in their pocket and along comes this chap called David Clegg,we now have to put these words into action.

    And whatever we do always mention the 143 sexual assaults.

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  16. With Grant Davis firmly in the pocket of John Mason and Bob Oddy neutralised by TfL, there isn't a hope in hell of a trade organisation rallying any kind of action. It would take the weight of a big union to deliver a court case and at present neither of the two involved in the cab trade has sufficient membership numbers to support such an action.

    First we must demonstrate our anger with a mass demo over the sexual assault and bus lane issue and get our plight some publicity. Masons and TfL's A*# Holes twitch every time we mention a demo. How about New Scotland yard as a location, as the Met are very much at the centre of this conspiracy NOT TO POLICE !

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  17. UCG are to make an announcement re DEMO next week!

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  18. Squeaky bum time at TFL.

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  19. UCG????. Although i am sure you guys mean well,But is another organisation what we need,Bet TFL love it,even more infighting,What we need is the organisations we already have to realise they work for us,And this will only be brought about if cab drivers cancel thier subscriptions en masse,Stating you are doing nothing for us,Only then will they get the message,and start acting for us,A lot of them earn a nice few quid out of us,so take if we stop putting into the honey pot,They wont be able to take out,In fact i think you will rapidly see them fighting for us for a change,As lets get it right the one that does the most will get the members.

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  20. It has already been made clear by Peter Hendy of TfL, Commisioner for London, that any demonstration organised by anyone other than the 'recognised' groups will simply be ignored so it could be a complete waste of everyone's time. So your well-meant suggestion may not be such a good idea.

    Hendy will no doubt re-state that any such demonstration is damaging to London as it is no more than the misplaced actions of a few non-representative militants, so where would such a demo take us? Not far.

    The 'recognised' groups seem to have no interest in calling a demo as they probably believe they are 'winning' the war by sitting round the table with John Mason, though it seems not many share this view.

    By taking up a legal remedy through direct driver involvement may be the way forward, as has been suggested. Seeking legal advice before taking any action may be a much better way forward than a 'wasted' demo.

    Counsel's Opinion obtained from an emminent QC paid for by donations from individual drivers could prove much more cost effective to the individual rather than 2-3 hours spent in a demo.

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  21. I think what the trade needs is a summit.
    Kennedy, Rose, Davis, Oddy, Dizzy, Fleming, Rice, Pace, Riesle and now Clegg.
    Three man delegation from and including each individual, to meet at neutral premises.
    Start with a 5 minute uninterrupted speech from each individual group followed by a Q&A session through a chair person (say independent Taxi Media editor)
    Objective would be simple to form one body like a war council, that could negotiate directly with TfL and would include representation of the whole trade not just an elite few.

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  22. Dear Bob Pyall

    Rice, Pace, Riesel? You are of course having a laugh.

    Why not include John Griffin with the other three minicab lovers then you will have four speaking up for minicabs with TfL. Oh and of course Bob speaking up for ConCab and its minicabs

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  23. As usual, a supposedly good idea from somebody who seems to have the pedigree but of course it's all somebody elses fault and Uncle Bob is to blame for all of it.
    Is anybody who has made a comment here a commercial lawyer? If not your opinion as to whether there is a potential legal case against TfL is totally valueless. A barristers opinion on this point would cost a lot less than the money given up in a demo ( just about the only answer many of you have). Of course the answer you would almost certainly get is that as they are doing something, they are acting within their remit. If it was otherwise the Police would all be liable for not detecting crime before it was committed.
    How can TfL be liable for the actions of unlicenced touts? How can they know how many are operating? These animals are outside of the law, on the other hand Mason should know exactly how many licenced drivers committed sex crimes as their badges should be hanging on his wall.
    Other drivers have suggested offering to pay for more enforcement ourselves, that is the only way there will be any improvement.

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  24. The author of this piece should have the same bi-line as the title of a 1997 movie starring Bill Murray. Perhaps he should stick to sitting with his light off on the Dover Street WIne Bar and brooming work back to the touts!

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  25. As much as I agree with your words, they are still just words, how do you change words into action in a pracical sense? No one apart from silent bob has the financial clout to take this to court, unless the RMT will? It would be an excellent recruitment tool for them, but unless they do it, no one will.

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  26. It is understood where you are coming from but you don't have to be a commercial lawyer, whatever that is, to seek out a professional opinion. Many drivers have challenged things in all sorts of issues in defence of their licence and over domestic matters, but they didn't need to be commercial layers to do it. They just sought legal advice and that is what the trade might be well advised to do. All other avenues of attack and fist-waving for more than a quarter of a century has been very well meaning and filled with passion but has not provided a solution. So perhaps it is time to seek a more permanent solution by seeking Counsel's opinion as to what our best options are.

    With our trade groups seemingly not prepared to go down this road the drivers could all band together and fund this advice. You don't have to be a group member to play a role in this, but having said that many drivers already in a trade group may be prepared to pay a nominal sum to obtain legal advice even if their trade body isn't prepared to.

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  27. Changing action into words rests solely with the individual cab driver whose views on this issue could be sought, plus a donation to the legal fighting fund that would need to be set up. This would remove the need for any individual trade body to provide the funds that only a big and well-financed trade body could do. It would require a considerable amount of planning and organising but if some consider that it would be too much like hard work then a resolution to our most pressing problem may NEVER happen.

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  28. Surely if drivers are prepared to pay for more enforcement (vigilante groups?) then they might be better off paying for sound legal advice and try and obtain a permanent solution to our problems.......

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  29. IF you can keep your head when all about you
    Are losing theirs and blaming it on you,
    If you can trust yourself when all men doubt you,
    But make allowance for their doubting too;
    If you can wait and not be tired by waiting,
    Or being lied about, don't deal in lies,
    Or being hated, don't give way to hating,
    And yet don't look too good, nor talk too wise:
    If you can dream - and not make dreams your master;
    If you can think - and not make thoughts your aim;
    If you can meet with Triumph and Disaster
    And treat those two impostors just the same;
    If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools,
    Or watch the things you gave your life to, broken,
    And stoop and build 'em up with worn-out tools:

    If you can make one heap of all your winnings
    And risk it on one turn of pitch-and-toss,
    And lose, and start again at your beginnings
    And never breathe a word about your loss;
    If you can force your heart and nerve and sinew
    To serve your turn long after they are gone,
    And so hold on when there is nothing in you
    Except the Will which says to them: 'Hold on!'

    If you can talk with crowds and keep your virtue,
    ' Or walk with Kings - nor lose the common touch,
    if neither foes nor loving friends can hurt you,
    If all men count with you, but none too much;
    If you can fill the unforgiving minute
    With sixty seconds' worth of distance run,
    Yours is the Earth and everything that's in it,
    And - which is more - you'll be a Man, my son!

    There are plenty of men in the cab trade; unfortunately many think, act and behave like children.

    'IF', get real. You will need more than a paragraph on a blogsite to raise the money. You will need the help of Paul Mckenna and a set of spanners to get the money from their hands!

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  30. I think this reply shows that you have little or no idea how to go about such a task and therefore just dismiss it.

    The lovely poem from Rudyard Kipling that you've quoted means that it takes a man (or men) to achieve difficult tasks and those cab driver children you refer to can, like other children, always be taught. Can we assume that from what you've said that you would not contribute to a fighting fund and believe that others would not contribute to it either. Oh, Ye of little faith and seeming contempt for your fellow cab driver.

    How would you suggest we proceed to protect our livelihoods and our future? Talk John Mason and TfL to death?

    No one said it would be easy. Perhaps we should just all sit back and pray for a miracle.

    President John F. Kennedy (no, not our own John Kennedy) once said: "And so, my fellow Americans: ask not what your country can do for you - ask what you can do for your country."

    He also said: "My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man"

    Put this kind of thinking into our context and
    it might help. Take out man and insert cab drivers and I hope it may strike a chord with you. What makes you think we need spanners? Are you of the belief that cab drivers will not put their hands in their pockets to protect their own trade - after all they've been putting their money into the various trade bodies for years but was this all to no avail when all else has failed, my son?

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