Thursday, December 28, 2017

LTDA's Uber Driver Prosecution Thrown Out By CPS On Request Of Mayor's Night Time Commissioner.


The Licensed Taxi Drivers Association (LTDA) brought a private prosecution against Uber driver who was licensed as a private hire driver by Tranmsport for London (TfL), claiming that he was plying for hire. The Taxi Association had employed two private detectives in what they claimed was a “sting” operation.

The basis for the sting was that one of them booked the driver through the app and then took a ride, while the other filmed the operation. The gravamen of the prosecution was that the ability to see a car on the app meant that the car was plying for hire.

The defendant’s case was that driving in accordance with the Uber app is obviously not plying for hire.

The defendant’s legal team then requested the Crown Prosecution Service (CPS) to take over the prosecution and discontinue it. 

This power is given to the CPS under section 6(2) of the Prosecution of Offences Act 1985. It is very rarely exercised.

In this case, however, the CPS did decide to take over the prosecution and discontinue it. The prosecution was, therefore, nipped in the bud.
In light of the new evidence uncovered by the LCDC team, will the LTDA appeal this decision?
Or is this now the end of the drawn out case the LTDA had put all their hopes on while dismissing any action from other Taxi trade orgs?

Surely the Taxi trades powerful union’s legal teams (ho, ho, ho) will be all over this decision. 
After all, it’s been shown twice, in two different court cases, on two different continents that Uber’s operation is not legal under current London regulations. 

Again, as in Cambridge, it was licensing barrister Philip Kolvin QC who acted for the Defendant, instructed by Woods Whur Solicitors. 
In December 2016, Mayor Sadiq Khan appointed licensing barrister Phillip Kolvin QC as night time  commissioner.

Funny, the LTDA haven't said anything about their case being chucked out yet....perhaps they will email their members later. 

LBC recently accused the Mayor’s night time commissioner of having a conflict of interest, because he is representing drivers in a number of cases, where the company ‘Uber’ are picking up the bill.

Conservative MP and former Transport Minister Theresa Villiers says the London Mayor now needs to review the appointment. 

She told LBC: "I have concerns about what I've heard bout Philip Kolvin's involvement in defending Uber drivers in court.

See article click link:

"Philip stands by his undertaking not to carry out any work for Uber in the capital and that is not breached by acting for this individual" 
Has he breached his undertaking? 
Is this a London case? 
If he has breached, will he resign?? 
What next?

From the above article.

Source : Cornerstone Barristers and LBC Website.

by LTR’s Sean Paul Day

On 3/07/2015 Uber admitted under oath that they played no part in the booking process between passenger and driver. The case is significant as Uber’s operational model is replicated around around the globe. 

Correspondence was subsequently sent to The Mayor, Deputy Mayor with copies forwarded to TfL. The cover letter was later posted as an open letter in TAXILEAKS. 

No doubt other trade organisations sent correspondence to TFL also. 


CITATION: City of Toronto v. Uber Canada Inc. et al., 2015 ONSC 3572 COURT FILE NO.: CV-14-516288  DATE: 20150703




Anonymous said...

Why can’t we get movement from our trade org and union leaders
Apple have launched 5 new iPhone designs in the last five years and their leader is dead!

Our leaders have no weight, no substance, who would sell their mothers for a seat at the engagement table, even if it means blowing smoke up McNamara’s arse.

Just look at the UCG and RMT who went from militant to benign to sit in on meetings with TfL.
Now they are facing full scale revote from their subscribers who will leave en masse if things don’t change pretty quick.

Anonymous said...

Making themselves visible and advertising they are for immediate hire!

Rose v Welbeck.

TFL don't want to go anywhere near this case law, neither do Uber. It is my opinion Mayor Khan wants P4H defined by Statute. The question is:

Will this make this case law redundant?

I believe this is why Ubers licence to operate hasn't been revoked by the Mayor. It's no more than a stay of execution!

The corrupt agenda to protect Uber goes on!

Anonymous said...

Well said Grant Davis.
But words are not enough, we need positive action.
This is going to be a fight to the finish

John the cabby said...

Jimmy, what keeps you going mate?
You must spend hours upon hours coming up with this stuff.
You come up with these well researched posts week after week
and yet the orgs snub you!

Your work, although unpaid and unfunded, puts those who take our money in the shade.
All they have to offer now is legal cover you can get else where at half the price.

I see you've now left the UCG and joined the club, well I think I'll join you mate.
Fed up with empty promises, at least Grant is making the noises we want to hear.
It's a shame Oddy doesn't hand the club the war chest that they say they have.

Anonymous said...

John Mason on Twitter:

The laws did not make provisions for bookings made by apps. It allowed prospective Operators to obtain a licence on the basis of requirements laid down in primary legislation that did not require the applicant to prove how bookings were processed” (John Mason)

This is Mason admitting negligence -There may well be no requirement for a operator to prove how the bookings were processed; but there is a requirement for TfL compliance to ensure the bookings were being processed in accordance with regulation. That's what the regulators job is!

Many will remember - John Mason commenting when questioned about regulation saying: "That's not the way we interpret it!"

They simply looked the other way!

Anonymous said...

The LTDA have won nothing. They promise action of sorts, and fob us members off by saying they're working behind the scenes. What scenes?
All the LTDA has ever done is lose every case and play for time which aids and abets TFL and Uber.
I thought by staying in the LTDA I could help change it into an association which fought for cab drivers. But it is just a weak ineffective con artist org, playing its own Ponzi game with our subscriptions, until they're found out.
They've been found out on numerous occasions.
I no longer have the stomach to try and change the cancer that is eating the LTDA money making machine, I'm leaving.

Why did the LTDA bring this stupid case in the first place? It would've held no precedence. It's in a Magistrates Court, for crying out loud.
The LTDA's naivety is challenged only by its ignorance.
The whole board should resign and not offer itself for re-election.

The UCG was born out of frustration with the corrupt LTDA. Now they share the same goals and same ludicrous ideology of hoodwinking its members as the LTDA.
Since Len Martin left, Trevor Merralls has dragged the group down into the gutter with the LTDA.
The UCG are no longer proactive, they just pretend they are. Asking members if they wanted to demo Bank Junction and be ostracised or wait upon LTDA data. How loaded was that question?
The data was available from the LTDA a couple of days later, but the UCG never held another ballot.

This trade, led by the LTDA, has been let down by its orgs. Orgs who listened to Steve McNamara and Bob Oddy. Why did anyone, including myself listen to two people so obviously in cahoots with TfL? Most of our members are in the LTDA for legal cover. Most LTDA members are 'sleepers' too lazy to take any interest in their own trade business, and too disinterested in TFL's corruption, so they go to work, moan about Uber and the traffic to punters, and mates at some tea stall, and sit back waiting for the collaborator Steve Mc or the drunkard Bob Oddy to pull some inexpensive rabbit out of the hat which saves the cab trade and saves McNamara's lucrative position he's been promised.

I'm leaving the LTDA. And will join the LCDC. The reason I'm joining the LCDC is because they seem the only org with fight in their belly. And they have a forensic team that has no equal in any other org.
The RMT, GMB and Unite are too politically motivated. They won't move against TFL whilst Khan is still Mayor. These union orgs have money that the taxi orgs can only dream about, but won't use it. Cab driver branches of union orgs are mere cash cows.
The rudderless UCG won't see another Christmas. They are finished. Their leader is feckless, and their fire is no more than a dull ember holding onto LTDA shirt-tails.
The LTDA are part of our problem. They're more partners with TFL than adversaries.
I don't trust Kelly, Norton or Garelick to put the cab trade before union politics. They're unionists first cab drivers second. Garelick isn't even that. He's a minicab driver who is a member of the GMB who fought for two Uber drivers for minicab rights. I've seen nothing he's done for Hackney's. In fact those Uber drivers dismissed the GMB, because the GMB wouldn't go the full hog with the legalities. So they hopped on another wagon. You're only as good as you're last fight. The GMB haven't finished any of theirs and the RMT and Unite haven't started any.

So I'm off to the LCDC in the New Year after more than a decade plying the Mc & Oddy Co Ltd with wonga.
Fingers crossed Grant is up to the challenge. If he's not, I'll take out a private legal insurance and wash my hands of the sorry lot.
Yours most sincerely,
Pte Dapper

Anonymous said...

Look u bunch of nuts don’t you realise being in the LTDA we get a free yes free lanyard and dairy every year surely that must be worth every penny we pay or wold you rather jump ship and join the cross dresser club I know where I will be staying mmmmmmmm lanyard

Anonymous said...

Is that true? The LTDA has never won a case in court........? Never....?
Well......seeing as all the other orgs don’t know what they’re doing,it’s time for the The London Cab Drivers Club to show them all how it’s done.......
Over to you Grant Davis.

Anonymous said...

Ask Sean Stocking if it’s worth belonging to the LCDC

Taxi from Victoria to Palestra £10

Being a member of The LCDC


And we all know who it was that grassed Sean up
Don’t we Steve