From The Anderson Shelter;All We Want Is Justice, It's What We Pay our Fees ForSaturday, 26 May 2012For many years now, in fact ever since the day TfL took control of the Taxi trade, replacing the Metropolitan police, the Anderson Shelter has been campaigning for better protection of our working practise.
First we had Luke Howard's infamous email informing the trade that as far as TfL's legal department were concerned, minicabs could rank outside venues quite legally.
He even quote selected passages from James Buttons Book on Taxi licensing. We contacted Mr Button and found that Howard had in fact only selected bits of information which appeared to support his case.
James Button explains on his website in great detail that Private Hire cannot stand/ rank/ wait to become hired. They must be pre-booked, that is the law and it's crystal clear.
http://www.bloomsburyprofessional.com/8 ... ition.htmlThen Ed Thompson appeared on BBC news and informed London "Where I come from they're all the same, Taxis and Minicabs".
After many complaints to TfL from the trade his statement was changed to; "As far as I'm concerned, only Black cabs can ply for hire, only black cabs can rank and that's the way its going to stay".
Last time I met with John Mason he said "had I been in charge at the time Like Howard's emails would never have gone out."
But since that statement made in February 2010, the constant stream of PHVs forming illegal ranks outside venues in full view of the public, openly plying for hire, has escalated.
We are told by LTPH that their compliance officers have no warranted powers of enforcement, but illegal plying for hire is not an arrestable offence. If PHV drivers are waiting in plain sight outside a venue and do not have a pre booking, then they are illegally plying fir hire by forming an unofficial, unauthorised rank.
Earlier last week at a meeting in the Union Jack Club with the Cab Trade, a spokesman from the Law Commission said categorically, "it is not LTPH's job to interpret the Law, only a magistrate can interpret the Law. It is LTPH's job as licensing authority to enforce the Law."
This statement from the Law commission is backed up in the DfT's guidance for Private Hire Licensing, which director of LTPH John Mason, has been known to send out when answering complaints.
But has he not read it ??
There is a wealth of case law to backup prosecution of illegal plying for hire, but since TfL took over from the Met, LTPH haven't taken out a single prosecution.
According to the Law commission and the DfT, enforcement against illegally plying for hire is definitely the job of the licensing authority and the budget to provide this service is inclusive in our license fee!
I have been informed that undercover teams from LTPH have recently visited a number of venues and after warning letters were sent out, it appears these venues are now towing the line.
Subsequent visits from LTPH compliance team have found no evidence of illegal activity. But LTPH's version of towing the line is completely at odds with the Taxi trades.
Lines Of Waiting PHVs:
We have been told that LTPH are unhappy to moved waiting PHVs away from satellite offices, as their place will be taken by "Unlicensed Touts".
But surely it's not LTPHs job to interpret the law and give quasi-official permission for PHVs to rank up and wait to become hired outside venues.
This is not the answer to our problem, it's a cop out.
Every night-driver is familiar with this process, it happens regularly, quite openly.
Private hire cannot wait outside premises to become hired. This is illegal plying for hire and it is LTPH's job to enforce the law not to interpret.
And until the law is changed, we will want and expect it enforced.
Enforcement is financed by part of the licensed fee from Taxis and Private Hire. That's well over 100,000 license fee paying towards an enforcement budget.
Touting is a criminal offence, it is an arrestable offence and needs to be dealt with at source by Police. Be they ordinary beat officers, CEOs or part of Safer Travel Command (Old TOCU Squad).
Illegal Plying for hire is a reportable offence and can easily be dealt with by the compliance teams who currently check badge and bills
Perhaps we should all put in for a rebate!
LTPH as licensing authority are failing big time to protect our sole right to ply for hire. We need action and we need it now. This action needs clearly to be seen to be done.
Editorial Comment:
Our season started this week with the Chelsea Flower Show.
First day, Monday, saw thousands of PHVs illegally plying for hire from illegal ranks.
Unlicensed touts were having a field day. Licensed Taxi ranks around the Chelsea area were awash with ranking Minicabs. And not a compliance team insight!
Source; http://theandersonshelter.blogspot.co.uk/
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