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PostPosted: Fri Jul 19, 2019 11:06 pm 

Joined: Wed May 16, 2012 6:33 am
Posts: 3855
Not so often we read about this kind of stuff in the TfL context. No doubt there are many refusals, suspensions and revocations, but we just don't normally get to read about them :?

Victory against TfL in the Central Criminal Court ... nal-court/

Taxi Defence Barristers have obtained a Crown Court Order quashing decisions by Transport for London (TfL) and the Magistrates Court in a licence refusal case.

The details

Our client had a conviction in 2014 which was domestic assault. As part of that sentence there was included a Non-molestation Order preventing him from having contact with the complainant. In 2016 the complainant made false allegations and complaints alleging that our client had breached the Order. It was established that she was not telling the truth and our client was simply convicted of an intended breach.

Since 2014 our client had completed a series of courses we outlined, had worked for various charities and had rehabilitated himself such that we supported his application to reobtain in 2018 a PHV licence.

TfL however refused on the basis of two violent offence succession rule. We argued in representations that the breach did not constitute a second violent offence.

The appeal

TfL refused to take note of our arguments and the matter proceeded to the Magistrates’ Court on appeal. In the Magistrates’ Court TfL relied on evidence not previously disclosed. Taxi Defence Barristers argued in court this was not accurate and TfL had failed to disclose it. The Magistrates however agreed with TfL and turned down the appeal.

We appealed to the Crown Court. In a hearing based on oral submissions, the Crown Court agreed with our position that not enough weight had been given to the huge efforts our client had made to rehabilitate.

The Outcome

The Crown Court upheld the appeal and ruled that all previous Orders and decisions be quashed. Our client is now driving.

Taxi Defence Barristers secures victory against TfL

Taxi Defence Barristers have successfully appealed a decision by Transport for London (TfL) in a private hire licence refusal case. ... ainst-tfl/

The details

Our client had his private hire driver’s licence suspended in 2017 following an arrest for alleged rape. In 2018, and following the investigation, the case against our client was confirmed as not proceeding to charge.

Despite this, TfL took 11 months to make a decision about the fitness of our client to hold a private hire driver’s licence. TfL finally decided to revoke our client’s private hire driving licence 3 days before the expiry of his 3-year licence.

The appeal

Taxi Defence Barristers successfully argued against TfL’s decision to revoke our client’s licence on a number of grounds but including on the basis of TfL’s own behaviour in this case and policies.

Other grounds relied on included:

• Lack of “full” information and evidence before the decision was made
• Critiqued of the decision letter from TfL as being sloppy, illogical in places and showed the decision had not been set against TfL’s own rules
• Evidence from our client
• Lack of consideration of any mitigation put forward (including the obvious point that the matter was dropped which is beyond mitigation)

TfL attempted to persuade our client to drop the appeal to protect its reputation given the disproportionately long time it took to decide to revoke our client’s private hire driver’s licence. The request was resisted on a very important point of consideration. If our client had withdrawn his appeal, TfL would have relied on the revocation (and absence of appeal against it) to refuse his fresh application making the case so much harder to win next time.

The outcome

The outcome of the appeal for our client is that the TfL legal representative said he will recommend the next application by our client goes through without the need for an appeal.

Client quote: “I don’t know what to say – I cannot believe you have won this. I was so close to withdrawing it because of what TfL were telling me and what everyone else was saying. You were the only one urging me to continue – thank you so much Stephen. You have been brilliant and I will make sure everyone knows.”

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