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Taxi driver runs foul of the law
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Author:  captain cab [ Thu Dec 08, 2011 8:39 pm ]
Post subject:  Taxi driver runs foul of the law
Howards Solicitors warn taxi drivers not to take the law into their own hands

Taxi driver runs foul of the law as he imprisons passengers over fare dispute – new court case should act as a warning


Taxi law experts Howards Solicitors are warning taxi drivers not to take the law into their own hands, even if they believe they are being provoked, after a new landmark ruling.

The case of Eve Lamb v Equity Red Star has set a new precedent for the duty of care demanded of taxi drivers towards their passengers and other road users.

The taxi driver who was insured Equity Red Star had been found liable of false imprisonment after he refused to let his passengers leave his vehicle over a fare dispute.

In the ensuing confrontation between the driver and Ms Lamb’s partner, she suffered a broken hip requiring 6 weeks in hospital after the driver lost control of his vehicle.

The taxi driver had decided to take the couple to a police station despite repeated requests to be allowed to exit – an action that was deemed false imprisonment by the Court.

This has led to a key ruling that the driver had a strict liability, which makes him legally responsible for the damage and loss caused by his acts regardless of fault – Ms Lamb was awarded £13,250 in damages.

Deputy District Judge Jones also commented in his judgement that the driver had the option to stop his vehicle but continued and so posed a significant danger to other road users as well as his passengers.

Howards Solicitors, which works closely with the taxi trade, represented Ms Lamb, believes that taxi drivers must take away key lessons away from this case.

Gavyn Atkinson, head of personal injury and civil litigation, who worked on the case at Howards Solicitors, advises: “If you are a taxi driver that believes that they have been wronged do not take the law into your own hands, pursue other options.

If you find yourself in a difficult position call the Police if possible, drop off passengers outside their homes or places of work and note the address, install cameras in your cab.”

Atkinson continues: “Only in cases of self-defence where you honestly believe that there is a threat to your physical well-being would we acknowledge that there might not be any reasonable alternative. However, cases that go to Court are often not clear cut in regards to self-defence.”

Oliver Gardner managing partner of Howards Solicitors, which specialises in criminal and motoring law comments: “The law is still far from satisfactory for taxi drivers. There are few, if any, cases that give much needed guidance to taxi drivers in this area.

Moreover, Gavyn’s research showed that no approved guidelines are in place, from councils or colleges offering NVQs for taxi drivers. It is a situation that needs to be resolved quickly to protect taxi drivers and their passengers.”

source: http://www.howardssolicitors.co.uk/news/
Author:  wee eddie [ Thu Dec 08, 2011 9:05 pm ]
Post subject:  Re: Taxi driver runs foul of the law
Seems that the time is coming for all Drivers to take a Deposit ~ Up-front
Author:  toots [ Thu Dec 08, 2011 9:06 pm ]
Post subject:  Re: Taxi driver runs foul of the law
Can't argue with that really, I mean you have to pay your fare on the bus before you can sit down
Author:  Sussex [ Thu Dec 08, 2011 10:04 pm ]
Post subject:  Re: Taxi driver runs foul of the law
captain cab wrote:
Howards Solicitors, which works closely with the taxi trade, represented Ms Lamb, believes that taxi drivers must take away key lessons away from this case.

With friends like this who needs enemies? :sad:
Author:  Nidge [ Thu Dec 08, 2011 10:14 pm ]
Post subject:  Re: Taxi driver runs foul of the law
Sussex wrote:
captain cab wrote:
Howards Solicitors, which works closely with the taxi trade, represented Ms Lamb, believes that taxi drivers must take away key lessons away from this case.

With friends like this who needs enemies? :sad:

After saying that I hope they suffer a recession of all recessions.
Author:  captain cab [ Thu Dec 08, 2011 10:18 pm ]
Post subject:  Re: Taxi driver runs foul of the law
Sussex wrote:
captain cab wrote:
Howards Solicitors, which works closely with the taxi trade, represented Ms Lamb, believes that taxi drivers must take away key lessons away from this case.

With friends like this who needs enemies? :sad:



Yeah i spotted that, would love to read a transcript.

CC
Author:  Gobby [ Fri Dec 09, 2011 5:45 am ]
Post subject:  Re: Taxi driver runs foul of the law
Mrs Lamb was imprisoned in the Taxi, but she still got out to stumble and injure herself???? Something not right here!

Since he was taking them to a police station, a citizens arrest surely for fare evasion? If he had stated this to them at the time would the outcome have been any different I wonder?
Author:  grandad [ Fri Dec 09, 2011 7:17 am ]
Post subject:  Re: Taxi driver runs foul of the law
Gobby wrote:
Mrs Lamb was imprisoned in the Taxi, but she still got out to stumble and injure herself???? Something not right here!

Since he was taking them to a police station, a citizens arrest surely for fare evasion? If he had stated this to them at the time would the outcome have been any different I wonder?

The report does not say that Mrs Lamb got out of the vehicle. It states that she broke her hip when the driver lost control of the vehicle.
The report also does not state that the passengers were trying to evade the fare, it states that there was a dispute over the fare.
Author:  wannabeeahack [ Fri Dec 09, 2011 11:51 am ]
Post subject:  Re: Taxi driver runs foul of the law
wee eddie wrote:
Seems that the time is coming for all Drivers to take a Deposit ~ Up-front



yeah, twice the estimated fare

change given of course......after
Author:  Gobby [ Sun Dec 11, 2011 10:24 pm ]
Post subject:  Re: Taxi driver runs foul of the law
grandad wrote:
Gobby wrote:
Mrs Lamb was imprisoned in the Taxi, but she still got out to stumble and injure herself???? Something not right here!

Since he was taking them to a police station, a citizens arrest surely for fare evasion? If he had stated this to them at the time would the outcome have been any different I wonder?

The report does not say that Mrs Lamb got out of the vehicle. It states that she broke her hip when the driver lost control of the vehicle.
The report also does not state that the passengers were trying to evade the fare, it states that there was a dispute over the fare.


I accept I missread this, but from the ensuing are we asked to accept the passengers right to walk off whenever they dispute the fare? (which in my book is fare evasion anyway)
Author:  grandad [ Mon Dec 12, 2011 8:55 am ]
Post subject:  Re: Taxi driver runs foul of the law
Gobby wrote:
grandad wrote:
Gobby wrote:
Mrs Lamb was imprisoned in the Taxi, but she still got out to stumble and injure herself???? Something not right here!

Since he was taking them to a police station, a citizens arrest surely for fare evasion? If he had stated this to them at the time would the outcome have been any different I wonder?

The report does not say that Mrs Lamb got out of the vehicle. It states that she broke her hip when the driver lost control of the vehicle.
The report also does not state that the passengers were trying to evade the fare, it states that there was a dispute over the fare.


I accept I missread this, but from the ensuing are we asked to accept the passengers right to walk off whenever they dispute the fare? (which in my book is fare evasion anyway)

Without knowing the full details of the dispute it is hard to say. Believe it or not some drivers do actually overcharge customers. Are the customers supposed to just accept this without question?
An example may be that a customer has always used a taxi and the metered fare for the same journey has always been £10.00 but on this occasion the taxi driver may have charged £15.00. The customer may have disputed this and offered the usual fare of £10.00. Now who is in the wrong?
Author:  Sussex [ Mon Dec 12, 2011 9:33 am ]
Post subject:  Re: Taxi driver runs foul of the law
grandad wrote:
Without knowing the full details of the dispute it is hard to say. Believe it or not some drivers do actually overcharge customers. Are the customers supposed to just accept this without question?

From my experience drivers who overcharge seldom take the punters to the police when they refuse to pay the hiked fares.
Author:  edders23 [ Mon Dec 12, 2011 12:14 pm ]
Post subject:  Re: Taxi driver runs foul of the law
round here the police will NOT allow you to report fare evasion it is never recorded or allocated a crime number therefore you have no choice but to let them walk away without paying as i had to on Wednesday morning
Author:  Gobby [ Mon Dec 12, 2011 7:40 pm ]
Post subject:  Re: Taxi driver runs foul of the law
grandad wrote:
Gobby wrote:
grandad wrote:

I accept I missread this, but from the ensuing are we asked to accept the passengers right to walk off whenever they dispute the fare? (which in my book is fare evasion anyway)

Without knowing the full details of the dispute it is hard to say. Believe it or not some drivers do actually overcharge customers. Are the customers supposed to just accept this without question?
An example may be that a customer has always used a taxi and the metered fare for the same journey has always been £10.00 but on this occasion the taxi driver may have charged £15.00. The customer may have disputed this and offered the usual fare of £10.00. Now who is in the wrong?

If it’s a for real rip off the driver is unlikely to argue, and particularly not take them to the police station.

This sort of "loop hole" rip off, of the taxi driver by the punter becomes much more prevalent when professional "Mr Middle England” is out on the festive office lash.

Your suggestion of who is wrong, the usual £10 fare may have had more than usual waiting time, the punter kept the driver waiting if a pre booked pick up, or traffic unusually slow...any of this does not give the punter any right to walk away without paying what he contracted to when he got into the taxi...but every scenario is different and has to be judged on prevailing circumstance. Certainly "my mate does a deal for £10" does not cut the ice if the meter clearly says £15.

A Guy walks into the local music store, "that stereo system marked £500 is on eBay for £300" With this he gives the sales assistant £300 and walks out with the Stereo. Are you condoning this too? Do you think the shop and the police would treat this as they do the taxi trade dispute?
Author:  Sussex [ Mon Dec 12, 2011 8:11 pm ]
Post subject:  Re: Taxi driver runs foul of the law
edders23 wrote:
round here the police will NOT allow you to report fare evasion it is never recorded or allocated a crime number therefore you have no choice but to let them walk away without paying as i had to on Wednesday morning

Has anyone asked the Chief Constable why? :?
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