TU approached me after becoming exasperated with TfL. TfL decided to revoke his private hire licence after there was a delay in getting them the medical information they required. TU explained that due to COVID he was having real difficulty in getting an appointment to have the form filled out. TfL refused to grant further time because they claimed to have previously sent him the correspondence already, and he had failed to respond. It was never clear whether this was in the post or by e-mail. Either way, they revoked his licence.
TU had been advised by other lawyers there was nothing he could do about it, and he would need to apply. We disagreed, lodged an appeal and requested TfL issue a new form. We gave TU an 80% chance of us being able to resolve the matter without going to Court because if TfL refused we would be able to make them look unreasonable at appeal as part of the costs assessment. TfL decided to comply and did issue the form. TU managed to get an appointment and filled out the form. With representations from us, TfL reviewed the information within 24 hours and re-issued his licence within 48 hours. We have subsequently withdrawn the appeal and TU is back working.
This case shows an increasing trend on the part of TfL to send some information by e-mail and some by post. Clients should make sure their details are entirely up-to-date and regularly check their junk mail. Being able to prove it was not received is central to time frames and reconsiderations. It also shows the difference in attitude and response between the TfL appeals department and the TfL licensing department. Often, just lodging the appeal, is enough to get proper consideration of the issue in hand.
Stephen, just thought I’ll let you know, I’ve received my paper licence through the post today, awaiting the card copy to come through now. Again thank you for all your help! I will definitely be referring you to others who may across the a similar situation.
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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