ZI approached us to represent him in respect of the refusal to renew his private hire licence by Transport for London [TfL]. The basis of the refusal was two-fold. First, there were two historic misconduct matters which were now in issue. Second, there was a health concern. It was not easy to advise on because TfL had changed their policy for 2022, and it was unclear whether they were re-assessing all cases in light of the new policy or focusing on the new health issue. We agreed with the client a clear strategy, and he accepted the risks in it given the uncertainty. We provided TfL with medical evidence and asked for a review of that aspect. TfL occupational health agreed the new evidence dealt with the concern. In relation to misconduct, TfL agreed to review their decision issuing a warning. Although they would not commit to an explanation for it we suspect they agreed that applying the new policy to older cases was unfair.
The new TfL policy demonstrates a real shift in the approach taken by TfL. Time frames have increased, but the wording has become much clearer. The 2022 policy faced a phasing in period, however it is clear that all cases will NOW be judged by it regardless of dates. There is inconsistency in how TfL applied it, and it remains to be seen whether current licences will face review on the tougher restrictions, leading to further refusals for falling foul of the new stricter guidelines. The only way to mitigate it is to get expert advice, as ZI did. Having done so, we managed to get TfL to review their position without a Court hearing.
Speaking after the conclusion of his case ZI said:
“Mr McCaffrey and his team are excellent in all that they do, from determining your chances of success to staying in communication with you. Throughout the legal process, the team have advised me on my legal proceedings, communicated information well in advance and have overall been extremely effective in helping to resolve my case.”
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.
Taxi or private hire legal issue?
If you are facing a taxi or private hire legal issue or difficulty, speak to us today for a free no obligation case assessment.
