Well-known taxi driver defends himself in overcharging claim

Three officers of the Commission of Taxi Regulation travelled from Dublin to give
evidence and the Commission was represented by barrister Sineád McDonagh.
Noel McNally, an enforcement officer with the Commission, gave evidence to
the court that he was on ‘covert’ duty in Castlebar on the date in question
and he entered Canning’s taxi at Market (Main) Street and asked to be dropped
at St Patrick’s Avenue, a journey of approximately 600 metres. He told the court
that the meter wasn’t operated and when he reached his destination the charge
was €5, contrary to the minimum fare of €4.10. Also, when he asked for a receipt,
Canning gave him one from the meter which only showed a payment of €4.10.
Under cross-examination from Canning, McNally denied that he had agreed for a
price of €5 for a local call when he got into the taxi.

Tom Barry, also an enforcement officer with the Commission, gave evidence of an
interview he conducted with Canning on February 10 in the presence of fellow
enforcement officers McNally and Joe Kinneen and stated that he had issued a
fixed charge notice to Canning, which Canning refused to pay. Giving evidence
Seamus Canning told the court he had agreed a €5 charge with Noel McNally and
went onto say how he felt ‘slightly intimidated’ by Mr Barry’s questioning in the
interview.

“He (Barry) was badly dressed in a blue hoody and an open shirt and I felt i
ntimidated by his questioning because I felt I had done nothing wrong. I felt
entrapped and didn’t agree to the fixed charge.” Responding to questioning
from Sinead McDonagh, barrister for the Commission, Canning explained that
his practice of charging €5 for a local call covered fares normally in excess of €5
on the meter and rarely, if ever, inside such a charge as, he said, trips like that
from Main Street to St Patrick’s Avenue would be ‘very unusual’. “It is an
understanding I have. I have old ladies who I collect from Dunnes (Stores) who
have the €5 in their hand ready to pay me. If I put on the meter for these ladies
it would be the last time I’d be collecting them. We do things slightly different here.
I think nothing of bringing a bag of coal in for a customer for instance. We don’t
do things down here like they do in Dublin.

“I haven’t come to this court, under oath, to tell a lie between €5 and €4.10. I will
swear that as many times as you want.”After Sineád McDonagh made the point
that any agreement to not use the meter must be in writing, Canning said that
that was news to him and would have strong implications for Castlebar taxi drivers.
After questioning from Judge Mary Devins the court heard that the only sure-fire
way to access information about the requirement for written consent for non
use of the meter was from the Commission’s website but that the Commission
would, from July, take over the running of courses for people who want to obtain
PSV licences, previously that was the role of local authorities, together with Gardaí.
Judge Devins questioned the cost of the three members of the Commission coming
down to Mayo from Dublin on three separate occasions and also questioned how
many similar prosecutions were made. No such figures were available and Judge
Devins deferred her verdict on the matter until the July 1 sitting.