Saturday, March 31, 2018

The LCDC Seek Clarification On Passengers Refusing To Pay Fare : Email sent to Inspector Jas Sandu and Tfl staff

Hi Jas
I hope you are well

Can I draw you to the attention of the following 2 videos circulating on Twitter. 

The London Cab Act 1896, Section 1, states;

If, any person commits any of the following offences with respect to a cab, namely :—
(a)hires a cab, knowing or having reason to believe that he cannot pay the lawful fare, or with intent to avoid payment of the lawful fare ;or
(b)fraudulently endeavours to avoid payment of a fare lawfully due from him ; or
(c)having failed or refused to pay a fare lawfully due from him, either refuses to give to the driver an address at which he can be found, or, with intent to deceive, gives a false address,he shall be liable on summary conviction to pay, in addition to the lawful fare, a fine not exceeding forty shillings, or, in the discretion of the court, to be imprisoned for a term not exceeding fourteen days; and the whole or any part of any fine imposed may be applied in compensation to the driver.

Can I ask for some clarification and any advice you may wish to give

Also Jas, the officer accuses the driver of holding the passengers ‘captive’, what is the driver supposed to do in order to obtain payment? one passenger claims ‘we’re free to walk away’, on top of the pressure of over saturation in the market whereby Uber drivers are allowed to illegally ply for hire unchallenged are we now supposed to provide a free service? 

We are also hearing increasing incidents of passengers ‘attempting’ to pay by credit card, I use the word loosely as it’s becoming obvious they are aware of no funds in accounts, what happens in these situations? 

I’m sure you’ll appreciate, honest men & women are driving Hackney Carriages in order to provide for their families, would it be unreasonable to expect some level of protection? 

Kind regards 
Danny O’Regan 


The @metpoliceuk failing to serve and protect. 
 Why was the WPC so pissed off? A civil matter? 
What about the 2006 Fraud Act? Particularly section 11. 

 With the lack of prevention and enforcement in London, I can see a scenario where being paid up front becomes the norm.


Anonymous said...

It's kinda the same offence as if you drive away from a petrol garage without paying for your fuel.

Anonymous said...

Bilking by Hirers

52. Non-payment of fare; injury to cab (Act of 1831 s41; Act of 1843 s38 as amended by TfL Act 2008)

(1) If a hirer (a) refuses or omits to pay the fare, or

(b) defaces or injures the cab the driver may within 28 days complain to a justice, who may grant a summons against the hirer.

On proof of such complaint the justice may award compensation (with costs) to the complainant for his fare or his damages and for his loss of time in attending to establish his complaint.

If a hirer refuses to pay the amount awarded the justice may commit him to prison for one calendar month.

(2) A person who dishonestly obtains services, (e.g. hiring of a taxi), by deception is guilty of an offence (Unlimited fine and five years imprisonment) (Theft Act 1978 s. 3 and Fraud Act 2006 s11)

(3) A person who knows that payment on the spot for a service done is required from him, but dishonestly makes off without paying, intending never to pay, is guilty of an offence (Unlimited fine and two years imprisonment) (Theft Act 1978 s 3 and Fraud Act 2006 s11).

(4) Any person who without lawful excuse destroys or damages property belonging to another intending to do so or being reckless as to the likely consequences of his actions commits an offence (Unlimited fine and imprisonment of 10 years) (Criminal Damage Act 1971 s1).

(5) A person other than a constable may arrest without warrant anyone who is in the act of committing an indictable offence or anyone whom he has reasonable ground for suspecting to be committing an indictable offence. Where an indictable offence has already been committed, a person may also arrest anyone who may be guilty or whom he suspects to be guilty of the offence.

(s24A Police and Criminal Evidence Act 1984 as amended by the Serious Organised Crime and Police Act 2005 s110). There is power for the court to award appropriate compensation to the taxi driver in such a case as 2, 3 and 4 above.

NB: A wrongful arrest may render the person arresting liable for a civil claim and where possible you should seek police assistance.

TNJ said...

This is exactly what trade org's should be doing. And yet the foolish leaders attend Scotland Yard and accept section twelves without challenging the police for failing to uphold the oath to enforce and uphold the law!

colin said...

I had a problem with a job to Hayes on Thursday night,999 asked me to go to the local nick with passenger,which I did,anyhow a long story & I got paid,the 2 officers that helped me I couldn’t fault,however the girl on desk duty was a muppet.

colin said...

A few of you may know my daughter is in the crumbling Met,she's been doing the job nearly 13 years (& hates it),when she first went in she had to go to Sunbury for her Taxi & Ph training,well,,,,,,,she asked some aquckward questions,the tutor asked her do you know a Taxi driver,yes she say's my father,he say's can you ask him if i'm correct,,,,,,well i told her what he's told you is wrong,tell him i'm happy to come along & tell him what's what,the invite never came.

This was 13 years ago,now it's a joke & no training,some officers actually believe that it's ok for scabs to pick up of the street & nothing wrong with it.

The Mayor needs to have pressure put on him for officers to be trained on Taxi & Ph laws,if not what's the point on us buying a 65k electric cab & also if it's nothing to do with the Mayor what's the point in the Mayor.

Anonymous said...

The only way that lot will take notice is when their are more taken money off the system than putting in bonus that's not to far away just about every one in work does as little to help out now because its so easy to be wrong blind eye way forward or you end up in court for months

Anonymous said...

I am sure that if licensing went back to the metropolitan police then officers would be better informed and better at dealing with this. In particular since some of them would move into licensing department upon retirement or before.

Anonymous said...

The London taxi trade has become a political football. The pride and tradition was lost when TfL and the bus wankers took over. There is no fair play, nor justice. Just criminals, corruption, and gross negligence. John Mason recently spilt the beans when he said to a cab driver "Can't you work it out?"
It's my opinion Mason was pointing towards politics. He more or less admitted he wasn't a real director of anything, his job was to be political puppet. And this is why he is so confident he will never be held accountable.

Anonymous said...

Someone needs to send this video to Cressida Dick Met Commissioner and ask why these individuals were not arrested under the Theft Act 1978 s. 3 and Fraud Act 2006 s11.

Anonymous said...

What happens if people get on the bus or train and don't pay. Is it civil matter? They can walk away?

Anonymous said...

a decade ago we all said the mini cabs get the crap we don,t want now we,re getting the crap uber don,t want,credit card over it,s limit,no money?" no problem just get a black cab and say you,re paying by card,at journeys end after 3 aborted attempts just say "your machines not working" and walk away,don,t worry if driver calls police,they,ll just say "its a cival matter,evening all"