Thursday, October 06, 2016

LTPH To Allow Addison Lee The Right To Use a The Word Taxi To Advertise There Minicab App.

Again, we see TfLTPH bending over backwards to facilitate a 'private hire operator' circumnavigate statutory legislation laid down by Parliament. 

  
 
 


Have you ever wondered what LTPH's legal department do to earn their money, well so have we. 

In our opinion it doesn't appear to be protecting the taxi trade against PH companies illegal offering their services, describing themselves as a Taxi service. 

Taxi Leaks first reported UbiCabs well over 4 years ago for advertising minicabs as a Taxi service. 


We made repeated complaints over a 11 month period to LTPH, but got just the one reply from John Mason saying his legal team would look into it.

We are still waiting to find out what "his legal team" are going to do about this issue.

WHAT IS A TAXI...?
In a letter from The Department for Transport, Paragraph 4 reads “your subsequent e-mail asked for the legal definition of a taxi……A taxi is a vehicle licensed under Section 37 Of The Town Police Clauses Act 1847…. This is a hackney carriage Act, so a taxi is a hackney carriage.

The Miscellaneous Provisions Act defines a private hire vehicle as a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage.
Substituting the word taxi for hackney carriage it becomes clear that a private hire vehicle is...a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a taxi.
Therefore there cannot be a “private hire taxi” or a “taxi private hire”.

Mr. James Button licensing solicitor agrees in his book that taxi is "not a generic word" as this legal definition of taxi has been consistently used in every Act since the 1980 Road Transport Act. 


What respected Taxi Drivers are saying:

Isn't a taxi fitted with a meter? Didn't @TfL rigorously seek to define what constitutes a 'taximeter.' Maybe QC Chamberlain could clarify? Sean Paul Day.

So the London licencing authority is not able to distinguish between the 2 different (taxi & private hire) licences that they issue. Unbelievable. Les Hoath. 


A FEW TWEETS YOU MAY HAVE MISSED :


The Licensed Taxi Trade now waits with baited breath to see what our largest org, with their alleged £1m war chest will say and do about this.....perhaps this is another of their done deals?....seems to have gone a bit quiet at W9 lately...

6 comments:

Anonymous said...

This can't keep going on. TFL are not even trying to hide the fact that they are intent on destroying the taxi trade. There MUST be an inquiry into the corruption, and i would love to see everyone involved in it to be hung from Tower Bridge!!

Anonymous said...

So the people that have been handed down the responsibility of the day to day running of the London Transport licencing by the Acts of Parliament are unable to distinguish between the 2 forms of licences (taxi & private hire) that they issue.

Not only is Transport for London and its Taxi & Private Hire department woefully inadequate and not fit for purpose, but that of those who are elected to oversee these civil servants, that being the Mayor of London, London Assembly Members and the Government are just as incompetent for allowing this to continue.

Perhaps someone should ask all parties to read and digest the Metropolitan Public Carriage Act 1869 section 9 Regulations as to hackney and stage carriages.

[Transport for London may from time to time by London cab order] make regulations for all or any of the following purposes; that is to say,

(1) For regulating [the number of persons to be carried in any hackney carriage, and in what manner such number is to be shown on such carriage, and]how such hackney carriages are to be furnished or fitted:

(2) For fixing the stands of hackney carriages and the persons to attend at such stands:

(3) For fixing the rates or fares, as well for time as distance, to be paid for hackney carriages, and for securing the due publication of such fares:

(4) For forming, in the case of hackney carriages, a table of distances, as evidence for the purpose of any fare to be charged by distance, by the preparation of a book, map, or plan, or any combination of a book, map, or plan:

(5) For securing the safe custody and re-delivery of any property accidentally left in hackney carriages and fixing the charges to be paid in respect thereof, with power to cause such property to be sold or to be given to the finder in the event of its not being claimed within a certain time:

Subject to the following restrictions:—

(1) In fixing the stands for hackney carriages within the City of London the consent of the Court of the Lord Mayor and Aldermen shall be required to any stand appointed by [Transport for London]:

(2) F8 restriction (2) repealed by London Cab Act 1968 (c. 7), s. 5(2)

(3) F9 restriction (3) repealed by Road Transport Lighting Act 1927 (c. 37), Sch.

[F10 (4) Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.]


Anonymous said...

You cant hang them from Tower Bridge mate; it's closed for repairs!
Tower Hill used to be a good spot for executions......

Anonymous said...

I think the thing you have to ask your self is what have the unions done and they did know about this since May

Anonymous said...

So this decision must open the door to those companies/individuals who were presecuted and convicted when such matters were dealt with by The Cab Enfircement Branch of The Met prior to responsibility tranaferring to The Mayor

Anonymous said...

How many kicks up the Arses does the London Taxi Trade require before it says enough is enough?

People in this trade keep shouting corruption... but between who? As its abundantly clear the best known representatives of our trade are constantly keeping silent when it matters most and allowing the dissection and destruction of our qualified trade and Licenses... Qualified purpose built vehicles...and as a consequence our failing business structure under all our noses by so called competitor/s who's sudden appearance and non compliance of current legal structures and hurdles which are already in place on the legal statue books in clear taxi laws but are ignored by the licensing authority who are insultingly blurring all lines of distinct rules by default and ambiguous interpretation whilst we argue between ourselves by doing diddly squat!

Addison lee bought the exclusive rights to run the taxi rank at Luton Airport for a miserly amount and now I see Addison lee vehicles heading along the Finchley road with illuminated roof top taxi type signs on their black vehicles, How could our trade be so dumb by neglect?

We need action now & not later, the ship is sinking and plugging up the holes are no longer an option, uber will continue to make billions in a remarkably similar venture to the ideals of the Ponzi scheme years ago, and its drivers are struggling to make ends meet and are leaving in their droves, but as the TFL conveyor belt is still licensing 1000 new drivers a month with extra revenue for TFL and Uber's parasitical percentages keep rolling in things are rosy for the both of them.

Trade orgs..Its long overdue to call an actionable plan of reaction... and go all out of our way to deal with the overwhelming problem of authority abandonment as it is getting to us all and needs addressing immediately so lets all get our heads together and fight for our qualified jobs and identities... or continue to bend over till its all gone, the choice is that simple.

Be lucky & fight the good fight

greenbadgejohn