Taxi Defence Barristers have successfully appealed a taxi licence revocation in Basildon Crown Court.

The case

Our client, Mr A, had his dual licence revoked by the council following an e-mail from police officers who attended his home address when an altercation took place.
A bailiff had attended his home to collect an unpaid debt and the situation became heated. Mr A had been taking tools from his home to his car as he also worked as a gardener. At the time of the altercation Mr A was carrying two axes. When the bailiff clamped his car, Mr A lost his temper and an altercation ensued where Mr A threatened to break the clamp off with an axe. Police attended.
The police reported Mr A to the council and his licence was revoked by a sub-committee.

The appeal decision

Mr A was poorly represented before the council’s sub-committee and again poorly represented by a set of solicitors before the Magistrates’ Court.  Mr A finally instructed Taxi Defence Barristers to act in relation to his further appeal in the Crown Court.
Taxi Defence Barristers successfully argued and provided evidence that the behaviour of the police officers attending was utterly inappropriate which was proven through requesting bodycam footage from the police.  The Judge found the testimony and evidence produced by the bailiff and the police officers who attended to be misleading and untrustworthy.
Commenting on the evidence, the Judge said. in relation to the police evidence: “Have to say that [this] simply is the officer getting wrong end of the stick…We have to say that officer’s behaviour was disgraceful, stopped Mr A from talking, she had formed clear view as to Mr A…”
With reference to the bailiff’s evidence: Word about evidence Bailiff, it was not satisfactory, there was impression given that he had been threatened by axe, that was totally untrue.”
Accordingly, the appeal was allowed on the basis that, on balance, the decision was wrong.  Mr A’s licence was reinstated.

Stephen McCaffrey, barrister and Head of Taxi Defence Barristers, said: “We are very pleased to have been successful in getting the revocation overturned on appeal.
 
“This case clearly proved the importance of the right and expert taxi legal advice and representation.  Our client was initially poorly represented both before the sub-committee and subsequently before the Magistrates’ Court which incurred unnecessary costs for him.
 
“This case further illustrates the importance of evidence to substantiate complaints in taxi and private hire cases.  The Judge commented that the revocation decision was made on the basis of officer’s views but lacking evidence to substantiate the claims.”

Stephen McCaffrey

Regulatory Barrister specialising in taxi and private hire licensing law.
Head of Taxi Defence Barristers and Taxi Defence Scotland.

Stephen McCaffrey

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