Taxi Driver Online

FARE DISPUTES

Civil Disputes, Making off without payment and obtaining services dishonestly

This notice sheet is intended to offer guidance following an incident and whether it should be investigated as a criminal offence or whether the matter has to be dealt with by way of civil law.

As in all cases the facts must be assessed individually at the time of the incident to decide the correct course of action.

It should be noted that for the police to consider prosecution there has to be an element of dishonesty involved in the actions taken by the passenger(s).

Dishonesty has to pass two tests. Whether a person’s behaviour would be regarded as dishonest by the ordinary standards of reasonable and honest people.

Secondly, if the person was dishonest by those standards then whether they were aware that what they were doing was dishonest.

Drunkenness is not a defence to dishonesty.

The following are examples to illustrate possible criminal offences:‐

1. If the passenger leaves the vehicle and makes off without paying the fare he commits an offence under Section 3 of the Theft Act 1978 ‐ Making off without payment

Section 3 of the Theft Act 1978 creates an offence of making off without payment. In simple terms a person who uses the taxi knowing that payment is required or DISHONESTLY makes off without payment, intending that payment shall not be made, commits the offence.

The fact that the passenger has run off would satisfy the dishonesty aspect.

Please note: The service provided must be lawful an offence cannot be committed if a private hire vehicle or hackney carriage is operated outside regulations.

2. If a person enters the vehicle and has no money in his possession but fails to inform the driver until the journey is complete commits an offence under

Section 11 Fraud Act 2006 – Obtaining services dishonestly

Section 11 of the Fraud Act 2006 creates an offence for any person, by any dishonest act, to obtain services for which payment is required, with intent to avoid payment.

A person is guilty of an offence under this section if he obtains services for himself or another providing;

The person must know that the services are made available on the basis that payment has been, is being, or will be made. It can be committed only where the dishonest act was done with the intent not to pay for the services as expected.

The fact the passenger knowingly uses the service without having the means to pay would satisfy the dishonesty requirement. It can be a defence if a person makes an honest mistake as to certain facts causing him/her to take a course of action which, on the surface, appears to be an offence, for example, the person thought they had the money to pay for the taxi but had lost his wallet.

3. Passenger refuses to pay the fare at the end of the journey commits an offence under Section 11 Fraud Act 2006 – Obtaining services dishonestly

Provided there is evidence that the passenger entered the vehicle, knowing that a fee would be required for the provision of the service, with the intent of not paying and it can be proved he acted in a dishonest manner.

If the passenger states he was unhappy with the service and attempts to negotiate part payment and provides his details the matter would become a civil debt

The boundary between the civil and criminal law will always be the subject to a degree of interpretation but the following are examples of civil matters that cannot be dealt with by the police:‐

 Passenger disputes the fare but makes an offer of payment
 Passenger soils the vehicle agrees to pay the fare but refuses to pay soiling charge
 Passenger is dissatisfied with the service and refuses to pay the fare but provides their name and address and then leaves the scene.
 Passenger has disputed the fare but makes an offer of payment which is refused by the driver, but provides their name and address and then leaves the scene.

Every case must be judged on its own merits. There will clearly be situations where views may escalate into direct confrontation. In these circumstances it is recommended that drivers maintain a calm professional approach, try to avoid strong or threatening language and distance themselves from any physical contact where possible.

Drivers should always try to avoid placing themselves in unnecessary danger – if threats to physical safety or imminent damage to their property are made the police should be called immediately using the 999 system

Where there is a dispute and the driver locks a passenger in the vehicle and drives to a police station, this practice may leave them open to a criminal complaint of false imprisonment and counter action under civil law.

Where possible if the passenger remains unhappy with the service provided they should be given details of how to make a formal complaint to the Council.

An interesting read. What is the attributable source for it? I'd like to 'steal' it, if I may.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

With all due respect to CC, it looks more like this http://www.plymouth.gov.uk/taxi_fares_dispute.pdf

It is, as has been stated elsewhere, the charter by which the Police manage to abdicate themselves from their responsibilities.

Be aware that if you do "steal it", it will in fact be a "civil matter" as will all thefts in the new Police age.

_________________
Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

If you insist on making a written statement of complaint at a police station, things change very quickly.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Taxi Driver's Product Statement;

My product is a driven journey.
To receive the product and then evade payment is a pretty clear description of theft.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Obviously when the time arrives when the police stop victimising black and coloured people - or murdering people in cells (or custody suites as they now call them) the cab trade will reap the rewards.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin