If your licence has been refused, suspended or revoked you should seriously consider an appeal – more often than not TfL decisions are overturned.
Transport for London (TfL or also known as the Public Carriage Office) is under a statutory duty to ensure licence holders and applicants are, and remain to be, fit and proper people. We have written about TfL’s guidance and assessments to establish whether licensees and applicants are fit and proper.
Under this statutory duty, TfL should act when a licensee’s fitness to propriety is called into question. This, in practice, means it should investigate complaints and allegations and decide if the licence should be suspended or revoked if the outcome of the investigation leads it to believe the licensee is no longer fit and proper. TfL’s approach to investigations and enforcement is set out in its enforcement policy.
A decision to suspend or revoke a licence is significant. It is therefore incumbent on TfL to properly investigate complaints and allegations so that it can reach a reasonable decision based on evidence. In our experience however, this is very often not the case. We have often found that TfL has made a decision to revoke a licence without having undertaken a proper investigation into the complaint or allegation.
In two recent cases where we successfully overturned TfL decision, this is demonstrated clearly. One case involved a driver with historic criminal convictions where TfL refused to renew the licence which the driver held for over 20 years. In the second case TfL revoked a driver’s licence following complaints from Uber and Bolt.
Both cases exposed the lack of willingness on the part of TfL to actually investigate allegations themselves and their blanket approach on refusals without any willingness to consider their discretion or proper analyse cases.
Decisions by TfL to refuse, suspend or revoke licences are appealable. Through many successful appeals of TfL decisions, it is a clear that there is value in appealing a decision by TfL to refuse, suspend or revoke a licence.
TfL’s indiscriminate approach to revoking licence is often its demise too. A methodical approach to TfL appeals often means success for licence holders. This is important because TfL’s indiscriminate approach, in many cases, unfairly labels licence holders as unfit to hold a licence.
Taxi Defence Barristers understand the distress of losing your licence particularly if the process was not fair. We take the time to fully investigate allegations and complaints to clearly establish the facts and evidence. This meticulous approach often leads to success because it exposes the lack of willingness by TfL to actually investigate allegations.
Fairness is a fundamental legal principle. Licence holders have a right to be treated fairly and be given a fair trial. Often, this is not reflected in the TfL investigation process.
If you have had your TfL taxi or private hire (minicab) licence refused of revoked, speak to us today for a free case assessment.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
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