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.

Stephen McCaffrey

Regulatory defence barrister specialising in taxi and private hire licensing law, appeals and defence.

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