Additional to letter before action s68

Additional to Thursdays letter before action re HCV068

1 message

Mark Rostron 4 January 2018 at 19:30

To: Licensing Unit <licensing@guildford.gov.uk>, customerservices@guildford.gov.uk

Dear Sirs

The difference between s60 and s68 is that s60 grounds are :-

(a)that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage s68 grounds are:-

to inspect and test, for the purpose of ascertaining its fitness, any hackney carriage if he is not satisfied as to the fitness of the hackney carriage s68 allows the inspection of hackney carriages as to their fitness (no mention of "as a hackney carriage") s60 allows the suspension if the vehicle is unfit for use as a hackney carriage

Therefor you have no power to suspend the hackney carriage license under s68 for livery. Lack of livery does not make it unfit as a vehicle.

Lack of livery lawfully required livery may make it unfit to be a hackney carriage under s60

I will wait until 12 midday on Friday to hear that you have withdrawn your purported suspension. Failing that I will apply for a court order at your expense.

Yours truly

Mark Rostron