Taxi Driver Online

Bravo Mr Braverman.

Early in the year TDO published an article about Watford Station. It was written and factually researched by myself.

It had the headline, “Watford the Facts” the article was widely acclaimed As being both factual and unbiased.

I recently read an article written by A, Mr. Frank Braverman which appeared in Taxi Talk magazine which had the headline,

“The Facts about Watford Junction”

I couldn’t help thinking that Mr Braverman’s headline was practically identical to that of TDO.

Mr.Braverman gave a lengthy account of the then current state of play at Watford Junction. I’m sure those on here who have taken an interest in the events down there would have enjoyed the article.

The ashes of the Watford Court case are still smouldering but can we be certain this half-dead corpse will finally be laid to rest?

The Local newspaper is supposedly writing an article on the event and the Local Council informed me they soon will issue a statement.

The door is still open for the convicted drivers to appeal, but will they?

So, where does the Watford Judgement leave the Taxi and Private hire trade? When I last spoke to Watford Council, I was informed that the present AA united building at the Station was being re located. How true that is I don’t know. But what about the court case? How much has it achieved or has it really achieved anything at all.

Well for one thing, for the time being at any rate it has reinforced the case law of “presenting a vehicle for hire in a public place on private land is an offence”. Then again, it has been an offence for a very long time, long before the Eastbourne Judgement was handed down. The Eastbourne Judgement was a by-product of case law dating back decades.

The Eastbourne Judgement however, has concentrated minds for the simple fact that it is “here and now” but as previously stated the actual case law for plying for hire in a public place on private land goes back a very long way.

Quite some time ago In one particular discussion I made the point that a non Taxi vehicle presenting itself for hire on the car park of a Supermarket with the specific intention of taking passengers for hire and reward was breaking the law. The Watford case has reaffirmed that view by upholding present case law. I’m not having a go at non-Taxi vehicles I’m just pointing out the legalities under present law.

The charge of aiding and abetting is one, which I highlighted in my article about Watford Station. I went out of my way to not only include a legal remedy for the Taxi drivers of Watford but I also informed Mr. Sardar personally over the telephone that he only had one option available to him.

I would like to think that the section in my article about the legalities of what was taking place at Watford Station was read and acted upon by those people who claim to have badgered the council into bringing these cases to court.

Considering the law on plying for hire on private land has been around for a very long time I am curious as to why the TGWU have never instigated this type of legal proceeding before the Watford incident.

Just for the record, here’s what I wrote about the legalities of plying for hire on private land with the specific reference of aiding and abetting.

For those who are unsure of the legalities of what Silverlink has done, you must first understand that both the Railways and Airport Authorities can set bye laws appertaining to their own property. What they cannot do is breach statute law.

It may be that the only relief for Watford Hackney carriage drivers is through the courts. Whether or not they can find the money to finance such a decision is debatable.

It would be ironic if the 1977 Cardiff case of Hullin v Cook came back to haunt the Railways. In that case, Cook the driver of a Hackney cab was prosecuted for plying for hire on Railway property without permission. The owner of the vehicle was also prosecuted for aiding and abetting.

If any of the private hire drivers were to be prosecuted and found guilty of the offence of plying for hire, it may follow that the station are also guilty of the offence of aiding and abetting. It could be argued that Silverlink aided the private hire drivers to commit the offence by inviting them onto the station with the explicit purpose of taking passengers from the station for hire and reward. Admittedly Silverlink haven’t invited AA united on the station to break the law but if the Law is broken and Silverlink fail to act and another offence is committed, it may be hard to convince a court that Silverlink had no part in facilitating the second unlawful act.



What needs to be done now is for the TGWU to write to Silverlink informing them,

“That they are providing facilities for Private hire vehicles to break the law. If this facility is not withdrawn and further prosecutions are brought against private hire drivers for plying for hire on private land then Silverlink will also be prosecuted for aiding and abetting the crime”.

This letter is to warn you that you are providing a facility, which has culminated in the successful prosecution of four private hire drivers, and one AA United company official. You are now aware of the Law with regard to private hire vehicles plying for hire on private land therefore ignorance on your part will not be grounds for a defence.

I’m sure this won’t be the last we hear of Watford but I think we would all agree that the case has probably concentrated a few minds in the licensing offices around the country. It will have also concentrated a few minds within the Railway hierarchy. The TGWU will now feel confident that they can persuade councils to pursue these types of cases through the courts, so all in all Watford has made its own piece of history in the annals of the Taxi Trade.

Nigel will probably have some comfort in the knowledge that his efforts didn’t go entirely un-rewarded. TDO can take comfort from the fact that they were the first to issue a full and comprehensive article on the matter, which obviously shows leadership, The private hire trade will no doubt be informed of the legalities of plying for hire on private land by way of their monthly magazine.

And as for me, well, I’ll be waiting for that half dead corpse to finally breath its last breath. When that will be I don’t know but I have no doubt that one day Watford will surely be revisited.

Best wishes

JD

I think the cab trade could learn a number of lesson from the Watford Station saga, starting with the sheer stupidity of not paying for the rights to ply on their land.

I can't work out how some can feel so cheated at having to pay a few hundred pounds a year to ply on private land yet pay tens of thousands to queue jump the waiting list, to ply on public land.

I also can't work out why Watford just doesn't de-limit. Then those behind the PH station 'rank', can license their vehicles as taxis, change to WAVs if need be, and ply their trade within the law.

Watford station may be a mess. But it's a mess made by flawed laws, and by flawed organisations giving flawed advice.

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IDFIMH