Saturday, March 19, 2016

Letter To The Board Of TFL : Shows The Woeful Inadequacies Of TfL's Legal Team.

                    IS THIS TOUTING?
Back in November 2014, the LTDA posted a video on YouTube. An employee of RD2.com was seen asking passers by if the wanted a minicab. The LTDA handed over all evidence to TfL, who took this case to court.

This was a water tight case, the evidence spoke for itself. You would have to find a legal team of complete idiots who could actually loose such a case. But don't take our word for it, watch the video evidence here below and judge for yourself: 

      

As we said, only a team of complete idiots could loose such a case....step forward TfL's legal team.

Below is an extract of a letter, recently sent to the board of TfL by Vijay Khakhria of RD2.com.
....................
 Your colleague Steve Wright MBE immediately consulted us as an LPHCA member and as the licensed in‐venue PH operator concerned, seeking the facts. The featured individual is a former employee, Mr Dean Back, who was subjected to a wholly unnecessary prosecution on 27th November 2014 at North London Magistrates Court for the alleged touting incident at the venue, One New Change. The case was withdrawn by the Crown Prosecution Service (CPS):
1. I have forwarded correspondence with Ms Sonya Foxsmith, the Magistrates Court Clerk in the case, confirming her perceived understanding that the CPS withdrawal was due to Mr Back being situated inside the boundaries of the licensed in‐venue private hire operator centre.
2. TfL Board Members will, no doubt, be aware that “...touting consists of soliciting persons to hire vehicles...” by “...approaching people on the street...”

Far from demonstrating touting as alleged, the real facts are:

The case was tried; after due consideration no offences were found to have been committed and charges were withdrawn;

No enforcement action was taken by TfL against either Mr Back or Ride 2.
..............

Another shinning example of the wonder team that is TfL's legal team....the case against Diamond chauffeurs Ltd where senior members of TfL's staff were openly touted by a clipboard man
Another open and shut, water fight case???


EDITORIAL COMMENT :
What this whole issue alleges, is a lack of professional representation from the board of our largest representative org, the LTDA. 

Who in their right mind gave the go ahead to send the board of TfL video evidence (from the case lost by TfL, which was said in court to be not a case of touting) to put forward the argument that satellite offices encounter touting???

As Steve McNamara says...."You couldn't make it up".

3 comments:

Brian said...

Lawyers take instructions from the people who pay them.
Everything tfl do is to our detriment.
Proper regulation of phv is simple & easy, if you want to do it.

Once you accept these facts, everything else falls into place.

You're welcome.

Brian.

The Truth said...

So effectively, the tout middle men, could use a megaphone to entice passengers, just as long as they're in the boundaries of a mini cab booking office. How long before tfl rule that the actual vehicle is an extension of the office and therefore the driver can solicit business from inside it ?

Seapake said...

Very surprising as the legislation seems very clear

http://www.legislation.gov.uk/ukpga/1994/33/section/167

Criminal Justice and Public Order Act 1994

167Touting for hire car services.
(1)Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.


(6)In this section—

“public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and