Our special correspondent sought out the truth regarding the dispute at Watford rail station.

For the past three years, Watford Hackney carriage drivers have refused to pay Silverlink the company who administer Watford station the required Permit fee of £355 for the privilege of plying for hire on the Station Taxi rank.

The Taxi drivers withheld payment because they were disputing the rights of Silverlink to install a private hire freephone, increase the annual permit payment and the use of private hire firms for their lucrative account work.

In Watford they have what they call a docket system, a station official would provide the first driver on the Taxi rank with a credit slip to take passengers to their home destination, or in some cases Heathrow Airport. On completion of the journey, Silverlink would reimburse the driver on production of the docket.

Silverlink wanted the flexibility to use other firms for their account work but the Hackney carriage drivers formed the opinion that all such work should be exclusive to them.

The drivers also formed the opinion that if they pay Silverlink an annual permit fee for the privilege of plying for hire on the station; they should not have to compete with a free direct line to a Private hire firm.

The third bone of contention of the Hackney carriage drivers was that Silverlink wanted to increase the permit fee substantially. Silverlink intimated if they could have reached agreement with the Hackney carriage drivers, the permit fee would have remained unchanged

After several years of conflict and no payments from the Taxi drivers, the Station authorities finally said enough is enough.  In the later part of 2003 Silverlink put the Station Public hire contract out to tender, they invited applications from both the Taxi and Private hire trade to service that contract.

The said Contract has now been awarded to a local Private hire company who trades under the name of AA United. The Hackney Carriage drivers, who collectively could have tendered for the contract, sought not to do so.  The reason for not tendering was explained by Mr. Sardar the T & G workers representative. He said, “because the dispute between the two sides was still unresolved it would have been pointless in tendering for the contract”.

According to Mr Sardar, at the final meeting between the two sides which took place in the summer of 2003, the Hackney Carriage drivers were given an ultimatum by the then station manager to accept the way Silverlink conducts its business, or get off the Station.

In January 2004 the station authorities moved Watford Hackney Carriage drivers off the station taxi rank and replaced them with Private hire vehicles from AA United.

Watford is a large mainline station but has a relatively small Taxi Rank of fourteen spaces.

A press officer for Silverlink said they have only excluded Hackney Carriages from standing and plying for hire on the Station Taxi Rank. They have not placed any restriction on Hackney Carriages picking up at the station if hailed by a member of the public. The Hackney Carriage drivers say this is not true. They paint a vastly different picture to the one portrayed by Silverlink.

They say the rank area has been transformed to comply with the legal definition of what constitutes a private road. No public vehicles are allowed in the rank area and Taxis have a different dropping off point. There are signs displayed saying “Authorised vehicles only” and “no public vehicles beyond this point”.

One Hackney carriage driver complained of intimidation by station police and employees of AA United. The driver also stated that AA united had employed two Bouncers to prevent Hackney carriage drivers from picking up members of the public at the station. He states on one occasion passengers were dragged out of his vehicle by AA united employees.

Silverlink and Watford Taxi licensing department have reached an agreement on the legality of the Private hire vehicles being parked at the station. The agreement stipulates that only eight vehicles may stand on the Taxi rank, vehicles must at all times prior to hire be vacant and the driver must not be in the vicinity of his vehicle.

Watford Licensing department issued a full statement on 17/2/04 stating both they and the local police were happy with the arrangements at Watford Station. They pointed out that the station would be monitored closely and any infringement of licensing laws will be acted upon.

The following is an extract taken from the press release issued by Watford Taxi Licensing Dept on 17/2/04.

“The Council has a government advised way of taking enforcement action, called the Enforcement Concordat, which is to give advice to potential law breakers on what they should and should not do. If this advice is not acted upon within an appropriate time frame then more formal methods, including prosecuting offenders, are used. In the Council’s view the time has come for more formal action in relation to AA United at Watford Junction as the advice given by council enforcement officers is not being heeded. If one day a driver keeps to the law, but the following day breaks it, then it’s hardly a u-turn to take action on the second day but not the first.

The hackney carriage drivers could have averted the whole situation by working with Silverlink to reach an agreement before the contract for the station forecourt was even put out to tender. Watford Borough Council had no part to play in the award of this contract, indeed when the hackney carriage drivers union contacted the Mayor’s Office about the tender they were advised to put in a tender for the contract. The role of the Council and the Police in this is in relation to upholding the law and preventing the occurrence of criminal offences.

The Council, as always, is rigorously enforcing regulations and byelaws relating to private hire vehicles and hackney carriages, and both sets of drivers, throughout the Borough as well as at Watford Junction. The Council has a proven track record of prosecuting private hire drivers who illegally ply for hire”.

It would appear that Watford Hackney carriage drivers from the start of this dispute have been wrongly advised. It would also appear that those advising the Watford Taxi drivers were not aware of the fine line between a good working relationship and total exclusion.

It is always wise to apply ones efforts to determine what is legally right; not what one “assumes” to be legally right. It is because of the complexity of the definition of what constitutes a Public Road on private land that taxi drivers in disputes such as this one need expert advice. It is incumbent on those advising the Watford drivers to explain the legal position and what may happen if they didn’t reach agreement with Silverlink.

Mr Sardar has said that he is in near daily contact with Mr Peter Kavanagh of the Transport and General Workers Union. Mr Kavanagh is recognised as an experienced negotiator and is a leading figure in the Cab Section of the TGWU. One would like to think that the Watford Taxi Drivers have been advised wisely but when you look at the final outcome, there has to be a question mark hanging over that advice?

The situation at Watford station is not unique, some may see the distinct correlation between Watford station and their own Authority.

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.

 For the present, the Hackney carriage drivers in Watford are in a bit of a mess. They have no realistic prospects of getting back on the station and the local licensing department has made their own position quite clear.

Watford has sent out a very clear message, as to what can happen when you cross that very thin line.

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