Friday, November 21, 2014

LTDA's Private Prosecution Sent To The High Court.

The High Court is the ‘most appropriate venue’ to resolve a dispute between black taxi drivers and Mini-cab operator Uber, a judge ruled today (FRI). 

       Three of the drivers accused, Patrick Akinloni, Mansur Durrani and Bashir Kulmiye.
 
Four minicab drivers are accused of breaking the rules governing vehicles-for-hire in London in a rare private prosecution, Westminster Magistrates Court heard. 

The Licensed Taxi Drivers Association launched the litigation, a test case, alleging Uber drivers breach Section 11 of the Private Hire Vehicles (London) Act 1998. 

The association claims Uber illegally rely on a meter to calculate the cost of customers’ journeys. Uber say that as the "meter" is not fixed to the vehicle, it doesn't come under the terms and conditions of the conditions of fitness.

Leon Daniels, TfL’s Managing Director for Surface Transport, had previously stressed that TfL had undertaken “very careful investigation” into the structure of Uber’s procedures, and concluded that there were no grounds to prosecute Uber drivers. 

Surprisingly, just prior to the court hearing, it was revealed that TfL did not even possess a copy of the Uber drivers’ instruction manual, which outlined the procedure for charging passengers.

Again, this is more proof (if any were needed) that TfL are incompetent as a licensing authority. 

Boris Johnson has stated that he thinks it's a meter but his legal team were not quite sure and want to refer the matter to the high court. 

Former mayor Ken Livingston said that as mayor, Boris can obtain a legal opinion to back up any decision he wishes to make and as such he said Boris was talking bol@@xs
(Quote taken from trade publication)


The case has now been sent to the High Court. 

    Source: http://www.courtnewsuk.co.uk/newsgallery/#sthash.KGDhvQkY.dpuf

2 comments:

I'm Spartacus said...

This as Bob Oddy once said is 'a sideshow'.

TfL have chosen not to act, all that nonsense form Leon Daniels (where's he gone.) about asking somebody cleverer.

TfL are the licensing authority, it's clearly a breach of CoF and it's they who must act on this and a whole host of over matters.

We know the real background here, the corporate bully boys and political interference from above

Don't expect too much, it will mired in the courts for months and even if these drivers get a guilty verdict, Über will just change the way they operate.

What we need is get the message out that Apps that send vehicle 'there and then' as well as having pictograms that show cars nearby (soliciting) are ILLEGALLY plying for hire and all concerned drivers and operators should be arrested and vehicles and IT kit seized.

We don't need to get into the weeds of yield pricing and all the rest of the it.



Anonymous said...

"Here we go round the mulberry bush, the mulberry bush la de da..."

I, and many others within our trade are getting further frustrated by the day by the continuance of complete incompetence of TfL who seem to have never heard of or read the contents within The Private Hire Vehicle (London) Act, 1998

Had they done so, Uber would never have obtained their Operators licence

The fact now is - it is plain to see that they do not comply with ALL the requirements of the law and their licence should be suspended immediately....."simples"