Life in the Lakes: Stunning 4* Lake Windermere spa hotel stay from £59pppn incl. breakfast

Why not whisk your favourite shipmate off on a romantic staycation to one of the UK's top spots, the Lake District. Take in the jaw dropping views of Lake Windermere from the4* Beech Hill Hotel & Spa and relish their top notch hospitality this autumn. Breakfast is also included in this deal and you can… GemUK POSTS ARE NOT OUR ENDORSEMENT

Reading Borough Council v. Mudassar Ali (Uber): Legal Analysis

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For the case facts and background, read my article “Uber driver has plying for hire charges thrown out”.

It was accepted by both parties that this will be a test case. It must be understood however that this was a Magistrates’ Court case and consequently at best it could be persuasive but by no means binding or authoritative.

Notwithstanding, the Chief Magistrate in this case has considered in some detail the relevant case law relating to what constitutes “plying for hire” and how the principles established through this body of case law can be applied to modern technology.

The central issue in the case was whether the Uber “model” using an app constituted solicitation, or in other words, plying for hire.

A licensed hackney carriage vehicle and driver must be licensed (as such) by the licensing authority relevant to the area where they are standing or plying for hire (section 45 of the Town Police Clauses Act 1847).

Reading Council’s case was that Mr Ali, the defendant, was in possession and control of his car which was not a hackney carriage, he chose to travel to and wait in Reading at a time when, and in a place where, members of the public were likely to wish to be immediately conveyed in a vehicle.

They also argued that he was logged on and shown as available on the Partner-Rider App and his location and availability were displayed to users of the Rider App by an icon on a map. This Reading Council contented constitutes “plying for hire”.

Mr Ali argued that the essence of the private hire contract was that the member of the public books the vehicle first and then meets the vehicle before the journey proceeds. This in the context of the Uber App, is that a user must book the journey using the app before they commencement of a journey. This, Mr Ali argued, is not plying for hire.

It was agreed between both parties that Mr Ali’s car had no markings indicating it was for hire (apart from two small TfL roundels), was parked lawfully, was not waiting in a taxi stand nor was he next to a bus stop or stand, was not available to a person hailing him on the street and his windows were closed.

Chief Magistrate, Emma Arbuthnot, found that there was nothing substantially distinctive about Mr Ali’s TfL licensed car, behaviour or location that could have led a member of the public to approach him unsolicited.

More importantly in relation to the use of the Uber App, Ms Arbuthnot said that passengers or riders come via the Uber App and consequently drivers are waiting to be contacted by Uber. The Uber App shows a number of licensed Uber vehicles, the drivers of which are logged on nearby. Drivers are not individually identified nor is a car. It is not the driver but Uber which gives a fare estimate depending on the vehicle type chosen by the passenger. Uber’s server tells the nearest driver about the request, he or she has 10 seconds in which to accept or reject the trip. If the driver accepts then Uber confirm the booking, records it and the trip is allocated to him or her. The rider cannot choose a specific driver or vehicle.

This was sufficient evidence for her to conclude that the defendant was not illegally plying for hire, consequently found him not guilty and dismissed the charges.

Legal Analysis

This was the first case of its kind specifically testing the functionality of the Uber App’s compliance with licensing legislation.

The case was principally decided on its facts but there are some general principles drawn that may be relevant in future litigation.

It reaffirmed principles established in previous case indicating that circumstances as a whole must be taken in account including the vehicle’s characteristics and the driver’s behaviour.

The added dimension in this case was the use of the Uber App. The Uber App’s operation did not offend the boundaries of relevant licensing legislation in the circumstances of the case.

This is by no means the end of the general matter. Ms Arbuthnot commented in her judgement: “I have no doubt that the technology will move forward and be susceptible to challenge in the future.”

July 15, 2018 at 03:18PM https://ift.tt/2ufVjKI Stephen McCaffrey QC THESE POSTS ARE NOT OUR ENDORSEMENT

Visit Father Christmas this winter with return Lapland flights from £86

Lapland, it's a bucket list destination for little and big kids alike. Grab a slice of this snowy wonderland this winter with these cheap flights we have found on our flight finder. Fly direct with Norwegian to Rovaniemi, right in the Arctic Circle. These are great dates to see the Northern Lights as well so… GemUK POSTS ARE NOT OUR ENDORSEMENT

Winter blues cure: 4nt B&B Fuerteventura break from £364pp incl. flights & private villa & pool

"Wait a minute HolidayPirates..." we hear you cry "why would I go on holiday in December?" Well mateys, we're here to tell you that you can enjoy some of the top rated accommodation at low prices in the Canaries whilst enjoying temperatures in the high teens/ low 20s as well as avoiding those peak season… GemUK POSTS ARE NOT OUR ENDORSEMENT

Cruise from Italy to Sicily, Malta, Spain & France from £246pp - 6nts incl. full board

Pirates, cruises are getting more and more popular and are a great way to see multiple places in one go without having to break the bank. This cruise departs from Naples in Italy and visits Sicily, Malta, Spain and France before finishing in Genoa. Cruise details: Travel duration: 6 nights Departs from Naples on 12th… Lola POSTS ARE NOT OUR ENDORSEMENT

Stunning Koh Samui full board break from £969pp - incl. 7nts 4* resort, flights & spa discount

Pirates, it's time to set sail for one of the most lush tropical islands in Thailand! Koh Samui boasts crystal blue waters, palm-fringed beaches and gorgeous mountainous rainforests. With this Voyage Privé package you'll get 7 nights at the Samui Buri Beach Resort on a full board basis, with return flights and private transfers also… Samcana POSTS ARE NOT OUR ENDORSEMENT

Infinity pool envy in Majorca: 4nts half board from £279pp incl. flights & 4* hotel w/ rooftop bar

Spring into the Balearics in 2019 and call the stunning 4* HM Gran Fiesta Hotel home for 4 night (or 7 if that's not long enough for you). The Majorcan hotel boasts an amazing infinity pool atop it's roof. Surrounded by a funky sun terrace, this is a great place to catch some springtime sun… GemUK POSTS ARE NOT OUR ENDORSEMENT

Act now on Uber’s missing taxes suggests APPG report

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Uber is not paying its fair share of tax based on its real economic activity, according to a group of MPs headed by Dame Margaret Hodge.

But the app firm is not alone, and the government must act now to ensure all gig companies pay their dues, a report by the All Party Parliamentary Group on Responsible Tax says.

Uber alone could be taxed on over £1bn worth of annual turnover if tax laws were fairly enforced, the report suggests.

The UK’s gig economy has grown rapidly it says, with more than a million people in the UK working in it – around a quarter of them in transport networks, such as Uber, or carrying out food deliveries for Deliveroo.

The report highlights the complexities of the gig economy and the difficulties in taxing it.

Its authors say “the way that many companies within the gig economy are structured has serious tax challenges. These are becoming increasingly urgent as the gig economy grows.”

It highlights Uber and its estimated 3.5 million customers served by 40,000 drivers, collecting £1 billion in fares.

The company’s structure and business model allowed it to pay just £410,851 in corporation tax in 2015.

The report says “this is because of the way that Uber operates. Rather than describing itself as a transportation company that employs drivers and pays taxes like any other company, Uber describes itself as a digital intermediary that provides a ‘matchmaking’ service of drivers and users through its digital platform from the Netherlands.”

Labelling itself a digital company and being based in the Netherlands allows the company to make big tax savings.

However, EU’s supreme court disagrees and recently ruled that Uber is in fact a transportation company. Likewise, an employment tribunal upheld a claim by Uber drivers that they are workers who

should have rights as such, but Uber is appealing this decision, and a hearing is scheduled for the autumn.

In the meantime, the company escapes paying NICs on behalf of its drivers, saving it £150 million per year.

All fares are paid directly to the supposedly “self-employed” drivers and are distinct from company revenue. Therefore, Uber does not need to account for the £1 billion revenue it creates in the UK.

Uber also claims that because it runs and manages its critical digital platform from the Netherlands, this is where any revenue created through the charges it levies on drivers for using the platform should be attributed. This means that it does not have to pay UK corporation tax on revenue raised through drivers operating here.

The report says: “Taken together the tax savings for Uber alone are enormous. If Uber’s UK subsidiary was deemed to provide transportation services in the UK (as the courts have declared), Uber would have to account for £1 billion revenue in the UK. Furthermore, if those working for Uber as drivers were deemed to be employees for tax purposes, Uber would also have to pay an extra £150 million a year in NICs. We can find no formal calculation of what Uber’s tax bill would be under these circumstances, but it would likely be in the hundreds of millions of pounds. It would certainly be more than the £410,851 it paid in 2015.

“Uber is not paying the fair share of tax based on the economic activity it undertakes in reality in the UK.”

The MPs, who include Caroline Flint, Andrew Mitchell and Baroness Kramer conclude that “business models used by companies in the gig economy exploit the UK’s tax system and erode tax revenue.” They urge the government to call for international action to fairly tax revenue and to urgently come up with UK based solutions.

The HMRC, they say, “must be more robust in enforcing UK law.”

July 15, 2018 at 10:10AM https://ift.tt/2ufVjKI THESE POSTS ARE NOT OUR ENDORSEMENT

Cute Kentish glamping experience from £37pppn - August dates

If you're looking for a cute summer getaway this summer but don't fancy the long airport queues then why not opt for a glamping staycation? Nestled in the Kent countryside lies Kits Coty Glamping site which boasts a number of adorable accommodations from bell tents to shepherds's huts. The cheapest stay we have found is… GemUK POSTS ARE NOT OUR ENDORSEMENT

Going, Going, Gone: Modified London taxis

The Austin FX4 taxi was a mainstay of city life for years, but it's rapidly disappearing off our roads, due to old age. Before they're all gone, here are some interesting variations, you might never have seen.

Evening News.

For a while in the 1960s, they found favour with the publishers of the London Evening News as the basis for a newspaper delivery van, with the super-tight turning circle being particularly appealing. 

FL2-Taxi-Hearse.

Later, the Birmingham-based Austin dealership and conversion specialists Startins offered an FL2-based hearse in limited numbers.

Below, you can take a look at some of the other conversions carried out on these models, plus an extraordinary pastiche model produced by a specialist Japanese manufacturer.

Nubar Sarkis Gulbenkian

Armenian petroleum magnet and socialite.

1896-1972

“I’ve had good wives, as wives go, and as

wives go, two of them went!”

“I wanted my taxi dolled-up, more comfortable inside

and more distinguished outside, without losing its mobility.

People recognize it. After a party or an opening they come and tell

me where it is and I don’t have to wait.”

The Gulbenkian taxis

Nubar Gulbenkian – odd name, and an even odder taste in cars. Usually described simply as an 'eccentric millionnaire', Mr Gulbenkian made his money in oil, and had a particular penchant for the London taxi, taking delight in reciting the well-rehearsed line: 'It turns on a sixpence, whatever that is!' to anyone who’d listen.

However, far from slumming it in a bog standard model, he used a relatively small amount of his vast wealth to have his own eclectic design of bodywork applied to the car. The result can be seen above, this being one of two FX4s he had converted by Battersea-based coachbuilders FLM Panelcraft Ltd (who also worked with Crayford on the BMC 1100 estate and P6 Estoura). 

Unlikely as it may seem, these contraptions proved to be quite sound investments: the second of his two FX4s cost him £3500 when new in 1966 – for which he could have bought two 3.8-litre Mk2 Jaguars! – yet it managed to achieve £6300 at auction five years later. It came up for sale again in 1993, this time making £23,000…

Royal Mail van

This boxy FL2-based mail van underwent trials with the Post Office at the beginning of 1967, to see whether the car’s much-vaunted turning circle would make it a worthwhile basis for a delivery vehicle. It seems the idea was scuppered by the van’s tall rear bodywork, which while offering an impressive 200cu ft load capacity, was found to make the van unstable when fully loaded. Needless to say, it was consequently not adopted for service.

London Taxi Exports Laundalette

Bedfordshire-based taxi specialists London Taxi Exports offered this stylish laundalette as an after-market conversion. Externally, the well-integrated black 'Everflex' roof was set off by chrome bumpers (where available) and side trims, alloy-look wheel trims and a specially-designed front grille.

Inside, features for the driver include power steering, an Italian wood-rim steering wheel and an RDS radio, while rear passenger compartment benefited from re-upholstered seats, special side trimming and new carpets. London Taxi Exports also offered a range of other conversions, including a cabriolet (which retained the rear side windows and framework); a delivery van, with twin rear doors; and a ten-light stretch-limo, longer than either of the semi-official versions featured below.

Stretching it

The general design of the FX4/FL2, with the emphasis placed on space for the rear-seat passengers, readily lent itself to use as a limousine. During the 1970s, following the introduction of legislation which all-but killed the market for the FL2 as a hire car, Carbodies and Mann & Overton decided to market the model as a limousine, and in the mid-1980s Carbodies introduced the London Sterling limousine to the US market, but both those versions used the standard wheelbase and bodywork. Here we take a look at a couple of attempts to provide a limousine with even more space.

The Tickford limousine

Tickford and Carbodies had been rival coachbuilders since the 1930s, but in the mid-1980s they collaborated to produce this one-off long wheelbase FL2-based limousine. With the extra length achieved by the fairly simple expedient of inserting a windowed fillet panel between the front and rear doors, the extra space liberated in the rear compartment was quite remarkable.

Fitted out with a couple of walnut-veneered cabinets – housing the obligatory cocktail set, sound system, TV and video player – there was still generous accommodation for four passengers, with the seats set facing each other. Sacrificing the cocktail cabinet would have allowed five to be carried, while also fitting an extra rearward-facing seat in place of the entertainment cabinet would have increased the passenger count to six.

The Coleman Milne limousine

In 1986, Carbodies commissioned this conversion from coachbuilders Woodall Nicholson (also responsible for building the Maxi-based Aquila) to see whether it might provide entry to a new market niche. The conversion – handled by WN’s limousine-and-hearse division, Coleman Milne – involved rehanging the rear doors so that they were forward-hinged, and then adding a further pair of forward-hinged doors, as well installing an extra row of seats in the retrimmed rear compartment.

The car gained some exposure ferrying special guests to and from the 1986 British Motor Show but no further examples were built, presumably due to the high costs involved in comparison to the production cars which Coleman Milne were used to converting. It has to be said despite the extra length of this car over the Tickford conversion – and indeed, its extra doors – the Coleman Milne’s rear compartment looks rather cramped and uninviting by comparison.

Faking it…

The Mitsuoka Yœga

Around a year after the FX4 had been replaced by the TX1, Japanese company Mitsuoka came up with this extraordinary pastiche (call it a tribute if you must) in 1998. Based on the home-market only Nissan Cube (itself a development of the March, or Micra), the Yœga did at least have one feature the FX4 could never boast – a hatchback. Quite what the PCO would have made of it, however, is anyone’s guess…

When production of the Yœga ceased, Mitsuoka became the official Japanese importer and distributor for the TX1′s replacement, the TXII, which used the Ford DuraTorq engine in place of TX1′s Nissan unit.

Zombie proof TX4 

From the imagination of London based designer Donald O Keeffe with his love of horror films.

Part Sourced: Honest John.

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Chase the Northern Lights: 3nt Iceland break from £170pp - incl. hotel & flights

Pirates, sometimes you just have to travel like a viking! A short break to Iceland is super affordable when you find a flight & hotel deal at Expedia. We've gone for 3 nights at the Reykjavik Lights Hotel, with flights included from a variety of UK airports. The cheapest options depart in January, great months… Samcana POSTS ARE NOT OUR ENDORSEMENT

African sun escape: All inclusive 7nt Morocco waterpark break from £281pp incl. flights & hotel

Sack off the cold UK winter this December and instead get a healthy injection of African sunshine. Spend an all inclusive week in the 3* waterpark resort of Aqua Mirage Club in Marrakech, Morocco, soaking up the rays and enjoying the numerous on site waterslides. Indulge in the all inclusive board over 7 nights and… GemUK POSTS ARE NOT OUR ENDORSEMENT

Spring into Turkey in 2019: 7nts all inclusive break from £238pp incl. flights & 4* hotel

Whilst everyone else is frantically looking for their ideal 2018 holiday, beat the crowd and plan ahead for 2019. There are a number of early bird bargains out there for next year including this Turkey getaway. Departing in spring, you can jet off to Antalya and stay at the 4* Kleopatra Atlas which is not… GemUK POSTS ARE NOT OUR ENDORSEMENT

Kefalonia dreamin': 7nt late season Greek getaway from £219pp incl. flights & aparthotel

Beat the post summer holiday blues with a sneaky late season getaway to the Greek island of Kefalonia. We have discovered a cheap and cheerful deal to the 3* Silo Apartments in October, located a short walk from the coast. If your a little strapped for cash at the moment, have no fear as there… GemUK POSTS ARE NOT OUR ENDORSEMENT

In the mood for Gdansking: 2nt Polish break from £99.50 incl. flights & hipster hotel

There's nothing better than a cheeky European city trip, even better when it comes under £100 for 2 nights. Jet off to Gdansk, Poland this autumn and spend 2 nights in the super trendy PURO Gdańsk Stare Miasto. This 4* accommodation has amazing views over the river and is within walking distance of many sites.… GemUK POSTS ARE NOT OUR ENDORSEMENT

Manchester Airport taxi blockade ends

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A blockade by taxi drivers at Manchester Airport has come to an end after a compromise was reached over issues surrounding the taxi location of the taxi rank.

Several hundred drivers took part in demonstrations, which included a go slow around the airport after the rank was moved at terminal 3.

Taxi drivers and their representatives were concerned that the relocation of the rank would have an adverse effect on disabled passengers wishing to take a taxi.

On july 12th, TaxiPoint reported that furious cabbies had stopped picking up from all terminals at the airport.

An agreement was reached between the airport and the cabbies today, with cabs being allowed to use four forecourt bays to pick up passengers, on the proviso that the number of bays can be reduced to two during busy periods.

Ali Qureshi, a representative from the Airport Taxi Association has claimed victory over airport bosses.

July 14, 2018 at 01:30PM https://ift.tt/2ufVjKI Steve Kenton THESE POSTS ARE NOT OUR ENDORSEMENT

Catch ya in Cuba: Late season 7nt all inclusive holiday from £793pp incl. flights, hotel & bags

Pirates, we know that a lot of you believe that the only way is All Inclusive when it comes to Caribbean holidays. Which is why we're bringing you this amazing week in Cuba that we have found on our Package Finder for under £750pp Jet off this autumn where you can still catch temperatures in… GemUK POSTS ARE NOT OUR ENDORSEMENT

Sleek 4* Madrid break 2nts from £173pp - incl. H10 hotel w/ luxury rooftop pool & flights

Ahoy mateys! Nip off to Madrid a city brimming with art museums, shopping and wining and dining for this stylish city-break. You'll be staying at the 4* H10 Puerta de Alcala offering a luxe rooftop pool, with many elegant boutiques nearby. This deal is available from a number of UK airports on selected… Cee POSTS ARE NOT OUR ENDORSEMENT

London Black Taxi drivers back the crackdown of modern slavery within hand car wash industry

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In an attempt to crackdown on modern day slavery in the car wash industry, the capitals iconic black taxis have given their backing to a new awareness campaign focused on mapping and highlighting the extent of the issue.The London Taxi Driver Association General Secretary Steve McNamara has encouraged 10,000 black taxi drivers to be vigilant to any tail tail signs of modern slavery in many of the city's pop-up car washes. A "safe car wash" app has been launched for drivers to input details of any concerns surrounding the industry. The app, launched by the Santa Marta Group, the Catholic Church's anti-slavery project, is aimed at assisting the police in cracking down on such crimes in Britain's 18,000 hand car washes. The new app, once downloaded, will guide users through a series of indicators of modern slavery. Highlighted in the guide will be things to look for while attending a hand car wash site. Things such as whether workers have suitable protective clothing and behavioural clues, such as whether they appear withdrawn. Data from the app will help the National Crime Agency and the GLAA build a more comprehensive intelligence picture of the scale of the issues that are faced within the modern day slavery industry. According to the Independent Catholic News, the app is also backed by Kevin Hyland, Independent Anti-slavery Commissioner, the National Police Chiefs Council and the Local Government Association. Steve McNamara said London taxi drivers are the eyes and ears of the city and drive the same streets multiple times a day. McNamara supports the crackdown on crimes like modern slavery in the city. Drivers can download the app for free onto their Apple or Android devices. Users can then open the app when they are at the car wash and pinpoint their exact location using GPS.

July 14, 2018 at 11:02AM https://ift.tt/2ufVjKI THESE POSTS ARE NOT OUR ENDORSEMENT

Flights to Barcelona & Girona from £32 return

Pirates, fancy heading to Barcelona this year then you need to take a look at these cheap flights. There are many flights to Barcelona from London as well as Manchester, and flights from Birmingham and Prestwick to Girona. Use our flights finder for all options. Flight details Direct flights Flights to Barcelona & Girona Departures… Lola POSTS ARE NOT OUR ENDORSEMENT