NS instructed us following the decision by TfL to revoke his private hire licence. Their decision was based on the usual reports from UBER.

In summary, our client had conducted some work with UBER EATS in order to supplement his UBER income. You do not need a PH licence to work for UBER EATS however they conduct Real Time Driver Identity [RTDI] checks like UBER. On a date in January last year, UBER EATS requested an RTDI be carried out. It failed because the image was a photo and not real time. They ended their partnership with our client. UBER then ended their partnership because of this, and then TfL decided to revoke.

Whilst UBER did not take the time to ask for information, TfL did. They were provided with irrefutable proof that our client was not in the UK at the time by way of travel tickets and VISA stamps. They were also provided with a police report made by our client showing he had reported his own brother for a number of things including the use of his vehicle and phone. TfL however decided that they should revoke on the dubious grounds that they could not be sure our client hadn’t allowed his brother to use his account. They also tried to make an argument that negative feedback about fares showed a pattern of dishonesty. 

We lodged an appeal, gave TfL the chance to reconsider, and they did not. In court, we were able to prove to the Court that TfL clearly did not understand how the UBER app worked if they were arguing negative feedback on fares meant dishonesty. Their own barrister had to accept they had no evidence at all to support such an allegation. The Court also accepted the clear evidence from us, coupled with extremely high ratings and glowing references.

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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