A winter warmer: All inclusive week in Egypt from £250pp incl. flights & beachfront hotel

Sack off the awful British January winter with an all inclusive week in the African sun. The 4* Hawaii Le Jardin Aqua Park hotel lies right next to the beach near Hurghada, Egypt. The hotel also boasts an incredible on site water park with oodles of slides, great for cooling off! This tiny price also… GemUK POSTS ARE NOT OUR ENDORSEMENT

August family stay in Berkshire: 5nts from £150pp w/ hot tub & sauna (sleeps 5) *pets welcome*

If the idea of airport queues and lost passports cause you to come out in a cold sweat, then why not opt for a UK staycation this summer? We have found this funky holiday home in Berkshire, less than 20 miles from the capital, that boasts it's own sauna and hot tub. Sleeping up to… GemUK POSTS ARE NOT OUR ENDORSEMENT

Uber appears to be ‘untouchable’ says Gouriet QC

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In a decision which is more likely to be mis-cited than any in recent memory, and which has already been widely misrepresented on social media, the Senior District Judge has dismissed the prosecution of an Uber driver for plying for hire in Reading.

The lawfulness of the Uber app, and its equivalence to a taxi ‘for hire’ sign, were not addressed.

The material facts

The defendant was a TfL-licensed driver of a private hire vehicle also licensed by TfL.He was working through a Smartphone App provided by Uber.On the date in question, about 60 Uber vehicles were showing on the Uber App map of Reading. Reading Borough Council has refused to licence Uber as an operator there.The defendant’s vehicle was stationary on a road in Reading. It had no significant markings, or any marking advertising a telephone number or other means of contacting Uber to make a booking.The vehicle was not at a taxi rank, and could not be hired from the street by hailing it down in the traditional way.The vehicle’s outline, however, was visible to any Uber customer using the Smartphone App. That outline advertised the presence of an Uber driver.Licensing Enforcement Officers saw the vehicle on their Smartphone App, approached the car, introduced themselves, and interviewed the defendant.The defendant said that he was waiting for a booking through the Uber app.

The decision

The key passage in the judge’s decision to find the defendant ‘not guilty’ is: “The fact that Mr Ali’s vehicle had no distinctive markings, was not at a stand and was not available to pick up passengers on the street combined with the fact that the whole transaction was conducted via an App where the booking process starts, is recorded and the fare estimated, leads me to find that Mr Ali was not plying for hire.” It is respectfully submitted that focusing on “where the booking process starts” misses the central question, which is whether a vehicle, not being a hackney carriage, has advertised itself as available for immediate hire. Plying for hire will occur before any booking process starts, and certainly before any booking is made. The driver who directs potential customers to a licensed operator, so that they can then book his vehicle in the usual way, is plying for hire – the subsequent booking via a licensed operator is immaterial: Rose v Welbeck Motors Ltd, Chorley Borough Council v Thomas.

Uber app: The Big Issue

It was hoped that this prosecution would determine, once and for all, whether displaying a vehicle’s proximity and availability for immediate hire on the Uber App is the modern equivalent of displaying a ‘for hire’ sign on the vehicle. It is regrettable that that all-important question was never answered. Indeed, on one reading of the decision, the judge might even be thought to have been careful to avoid answering it: the determining factors (the vehicle’s lack of distinctive markings, its not being parked at a stand or able to be flagged-down in the usual way) had no bearing at all on what was really at issue.A charmed life

St. Christopher is the patron saint of travellers. There is even a patron saint of automobile drivers – St. Frances of Rome. Perhaps it is time we had one for PHV operators, so that obeisance may be made and candles lit to encourage (and continue) divine intervention on their behalf. It is not that Uber has the blessing of the courts as to the lawfulness of its operating model – it hasn’t: all attempts to obtain a definitive ruling have, for one reason or another, been stopped in their tracks. Deus ex machina in more ways than one, perhaps. A judicial review of TfL’s decision to licence Uber had to be withdrawn, because it was out of time (no other reason). ‘Plying for Hire’ was said by the Senior District Judge to be irrelevant to the recent Uber appeal against the non-renewal of its licence; as was the possible unlawfulness of Uber’s cross-border operations. The CPS (wrongly) discontinued the ‘plying for hire’ prosecution of an Uber driver in Bromley. And now a Reading Uber driver has been acquitted of plying for hire, without the court having fully considered the unlawfulness of the model under which he operated. The Uber model should have been properly tested in the courts long ago. Until it is, we will have licensing authorities up and down the country being told they are powerless to stop an invasion of Uber drivers over whom they have no control – Uber even braving the streets of councils that have refused to give them a licence. There is understandable concern, across a wide

spectrum that by no means is limited to licensed taxi drivers, that Uber appears to be ‘untouchable’.

July 16, 2018 at 10:03AM https://ift.tt/2ufVjKI Gerald Gouriet QC THESE POSTS ARE NOT OUR ENDORSEMENT

Reach for the skies. Rolls Royce reveal their new Flying Taxi concept

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Rolls Royce have joined the race for the skies with the reveal of it's flying flying taxi concept. The new quirky design would be capable of transporting up to five passengers for up to 500 miles without being recharged. The hybrid vehicle can reach speeds of up to 250mph.Because of it's state of the art design with wings that can rotate 90 degrees, the taxi will be able to take off and land vertically. Rolls Royce confirmed through a tweet that the new concept will be on show at this years Farnborough International Airshow in Hampshire which is officially opened today (Monday 16 July) by Prime Minister Theresa May.

Rolls Royce who have always been one of the worlds leaders when it comes aviation, with the first development of turbo-prop and jet engines and the creation of the worlds most efficient large civil aero-engine and vertical takeoff and landing solutions.

Rolls Royce want to be leaders in finding a solution for the ever increasing pollution problem that many cities at the world face. They believe that their new flying taxi could assist in relieving emission and congestion problems on the the ground. As well as being used as a taxi, Rolls Royce believe the flying vehicle could also be used for personal, cargo and military use.

According to CityAM, the company is now looking for partners who can help with the airframing and electric systems. It could be as soon as 2020 when we see the first Rolls Royce flying taxi take to the skies, but they better get a move on if they want to beat the likes of Google, Uber and Airbus in becoming the first company to officially launch the world's first flying taxi.

July 16, 2018 at 09:45AM https://ift.tt/2ufVjKI THESE POSTS ARE NOT OUR ENDORSEMENT

Adults Only 4* Costa Brava half board break 5nts from £258pp - incl. flights & hotel

Ahoy mateys! How about a chic Costa Brava holiday just for grown-ups? The Adults Only 4* Aqua Hotel Silhouette & Spa occupies a prime position a short walk from the beach and Malgrat de Mar promenade. There is a lush spa and 2 outdoor pools here and you'll have half board included in your stay.… Cee POSTS ARE NOT OUR ENDORSEMENT

Feel like a champion in Paris: 3nt winter break from £156pp incl. flights & hotel

Feel like a winner with this bargain trip to Paris in the New Year. You and your favourite shipmate will jet off to the most romantic city in the world to enjoy 3 nights at the funky 3* Jardins de Montmartre. This deal includes flights into Paris from a number of different UK airports, upgrades… GemUK POSTS ARE NOT OUR ENDORSEMENT

Live the 5* lifestyle in 2019 in Marbella from £237pp - incl. flights, 4nts hotel & breakfast

Let's face it Pirates, we all would love a cheeky mini-break to Marbs, right? Well, why not grab this deal by the horns and indulge yourself with 4 nights at the 5* Guadalpin Banus that sits right next to the beach! This hotel makes a great base for you and the special shipmate in your… GemUK POSTS ARE NOT OUR ENDORSEMENT

What's TFL's Connection With Baron Arbuthnot, Nothing To See Here...Mind The Gap!

Thales awarded London Underground Sub-Surface Lines resignalling contract

UK: Transport for London announced on August 3 that it had awarded sole bidder Thales a £760m contract to renew the signalling and train control systems on London Underground's Circle, District, Metropolitan and Hammersmith & City lines. 

Collectively known as the Sub-Surface Lines, the four large-profile lines form a complex network of interlinked routes with numerous junctions which comprises 40% of the London Underground network and carries 1·3 million passengers/day. 

Work is expected to begin later this year. The first increase in capacity would be on the Circle Line in 2021, with the ‘main benefits’ of the project to be delivered by 2022, when the peak train frequency would increase to 32 trains/h in central London. The final improvements would come in 2023, with an increase in peak and off-peak frequencies on the Metropolitan Line. 

The deal replaces a £345m contract which TfL had awarded to Bombardier in June 2011. This was terminated in December 2013, with TfL saying the ‘complex nature of the railway’ meant Bombardier's programme ‘was simply not progressing and there was no guarantee it would have worked’. The contract with Bombardier had itself replaced a previous contract awarded by Metronet to Invensys under the London Underground public-private partnership. 

The latest contract represents a significant increase in cost, but TfL said it would be 18% less per km than ‘the successful modernisation of the Northern Line which was around half the cost of the Jubilee and Victoria line modernisations delivered under the flawed public-private partnership arrangements, ended by the Mayor five years ago.’ 

'Once completed, 60% of the London Underground will have been modernised using Thales signalling technology’, said Thales Chairman & CEO Patrice Caine. 

The overall budget for Sub-Surface Lines modernisation has been confirmed as £5·41bn, a reduction of £131m from an estimate announced on March 24. This total includes the cost of 191 S-Stock trainsets ordered from Bombardier, and related platform lengthening, track and depot works. The work is to be delivered within the existing TfL Business Plan, and the programme is expected to have a benefit-cost ratio of around 4·7 to 1. 

The project ‘will transform the journeys of millions of our customers, significantly increasing service reliability and frequency’, according to London Underground Managing Director Nick Brown. ‘We have a very clear delivery plan and timetable for the work and, as we have done with the modernisation of the Northern Line, we will keep London moving and growing as we do it.’ 

Once the Sub-Surface Lines have been modernised, work would begin to introduce new trains and control systems for the Piccadilly, Central, Bakerloo and Waterloo & City lines.

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None So Blind As They Who Will Not See....The Debate.

An interesting conversation took place yesterday on Twitter. 

One drivers was was giving it large to the gloom and doomers, saying another cracking night in a record breaking week. 

His argument was that he didn’t recognise what the gloom and doomers were on about, finishing with a shrug of his shoulders. 

Anthony Minas   Lenny Etheridge   Sean Paul Day.

The best reply came back from Anthony Minas, who said:

“There’s a difference between doom and gloom...and informative opinion and fact.

Lots of cabbies on here mistake both as the same. 

Good way to look at it: 

Does anyone think Uber would have been in question in the first place if everyone was just positive? 

There needs to be a balance!

“Lots who have been labelled as D&G give up their time & money to try to expose illegality! 

I’m all for positivity of course but if that was the only course of action, we’d be gone already!

Most who call out d&g wouldn’t sacrifice 10min for the trade let alone thousands of pounds!”

Lenny Etheridge also joined the debate with:

“Yep, I see loads of bods hacking away at informative tweets warning of how we're being f***ed over, as D&G.

I too have had a few good weeks.

But I know it won't last if we allow the status quo to continue.

They can't see the storm because their heads are in their lollybags.

“These dismissive drivers, whose elation at earning a fair day's wage drives them to post everything is great, obviously see no danger from Uber and others waiting in the wings, or unregulated apps, or TfL and the Government colluding to do away with the KoL and Taxis in general. (Operation Horizon ‘a one tier system’)

“I promise you, the biggest screamers -if our trade dies a death of a thousand cuts- will be those who couldn't tell the difference between Noah making a racket next door, and a spot of rain.

“Turn left, you get a roader.

Turn right you get a puncture.

That's the nature of the job!

“These blissfully dismissive drivers will be the first in line to demand "How did the Orgs let it happen?"

“But these (mostly) unpaid Org and Union reps will quite rightly reply "How did we? No! How did YOU allow it to happen?”

How did twenty thousand drivers allow it to happen?"

“Carry on happily selling all your tomorrows for the gift of today.

Dismiss those with foresight, as D&Gers.

Let them worry for you.

"Gather ye rosebuds while ye may,

Old Time is still a-flying;

And this same flower that smiles today,

Tomorrow will be dying."

None so blind ...

Sean Paul Day then joined the debate:

“Absolutely! 

What policy has been put in place to ensure the viability of the cab trade? Fluctuations in work flows don’t count

Take a look at the link, and if it concerns you, then rest easy because Leon Daniels has secured a position of senior advisor”

https://techcrunch.com/2017/09/05/uks-fiveai-gets-35m-to-build-a-taxi-service-powered-by-its-own-self-driving-car-platform/amp/

The conversation was bought to conclusion by David, @blackcabLawyer...

“Hi Sean, good point. Hopefully we can keep the legal pressure up and commence a Judicial Review.

“Hopefully the taxi trade as a group will be in a position to decide the most appropriate way to proceed legally, in the next couple of weeks .”

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Fly to stunning Ohrid, Macedonia, from £36 rerturn

Why not jet off somewhere a little different this autumn Pirates? Lake Ohrid lies on the border of Macedonia and Albania and offers stunning mountain views. We've discovered these incredibly cheap flights using our flight finder flying with Wizz Air and departing from London Luton. Flight Details Direct flights with Wizz Air Departures from Luton… GemUK POSTS ARE NOT OUR ENDORSEMENT

Cheap B&B week in Cape Verde from £443pp incl. flights & 4* beachfront hotel

Grab yourself some winter sun in Cape Verde this November with this week away at the 4* beachfront Murdeira Village Resort. Top up your tan in temperatures that can reach the high 20s! Much more favourable than the grey clouds of the UK. Breakfast is also included in this price, however, board upgrades are available… GemUK POSTS ARE NOT OUR ENDORSEMENT

Taxi driver fights for his life after being stabbed in Milton Keynes

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A taxi driver from Milton Keynes remains in intensive care after being stabbed during the early hours of Friday morning. The victim had to undergo emergency surgery at Milton Keynes University Hospital following the attack that took place on Pinders Croft in Greenleys.

(Image:Facebook)

Police are currently asking anyone who may of seen or know of any information to come forward to aid in finding the attacker. The attack is currently doing the rounds on social media, with many wishing the victim a speedy recovery. Full details of the attack are yet to be released. Milton Keynes F.Mhighlighted the stabbing which comes in the same week that a pregnant woman was punched in the stomach in the same area.

July 15, 2018 at 05:30PM https://ift.tt/2ufVjKI THESE POSTS ARE NOT OUR ENDORSEMENT

All inclusive break to stunning Sri Lanka: 7nts from £789pp incl. flights, hotel, 40KG bags & more

Sri Lanka is fast becoming a 'must visit' destination, shooting to the top of many a bucket list. See what all the fuss is about this autumn with an incredible all inclusive week to this tropical island. Staying at the 4* Club Dolphin, which is right on the scenic north-west coast of Waikkal. Enjoy the… GemUK POSTS ARE NOT OUR ENDORSEMENT

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