Taxify launched in London this week, to a nationwide fanfare of publicity. Three days later it ceased trading.

In a statement issued on September 8, Transport for London (“TfL”) – the licensing authority – says:

“Taxify is not a licensed private hire operator and is not licensed to accept private hire bookings in London. TfL has instructed Taxify to stop accepting bookings and it has done so”

But there is more to it than that. ?

Taxify’s launch appears to have been facilitated by the use of an existing company, City Drive Services Limited (“CDSL”) which TfL has licensed as a London PHV operator with licence number 008955.

Taxify’s website has UK terms and conditions for customers (dated 5 September 2017) which are said to be between CDSL “trading as Taxify” and customers.

TfL publishes a “search page” of private hire operators licences, available for inspection on their website. On the morning of 8 September a search of that page for the CDSL licence 008955 gave the result: “No records found”.

TfL have not given any reason why the record of the CDSL licence 008955 has been removed from their site. This has caused speculation that TfL revoked that licence: but its disappearance is equally consistent with its having been surrendered. Either way, it is a missing piece in a jigsaw that has exited considerable public (and trade) interest.

The lack of transparency is particularly regrettable, since the London Taxi Drivers Association (“LTDA”) has written to Tfl, calling the reliance by Taxify on the CDSL operating licence “a sham”, and calling for immediate revocation of the CDSL licence.

For that licence simply to disappear from TfL’s website, no explanation whatsoever being given, creates an inescapable impression of there being something more going on behind the scenes than the bland recital of events as given by TfL today.

Gerald Gouriet QC and Charles Holland are instructed by the LTDA.

http://licensing-lawyer.co.uk/taxify/ 

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PENDLE

A TAXI firm accused of using cars of an 'unacceptably poor' standard has vowed to fight on — after being told to shut down its operation.

UK Cars, based at Leeds Road, Nelson, has been told by Pendle Council that its licence has expired.
The firm's operating licence was revoked by the council last December but the firm continued trading after it appealed against that decision.

But at a hearing at Burnley magistrates' court this week, the council's decision was upheld, leaving the firm to pay the council more than £3,500 in court costs.

Business owner Mohammed Arif Chaudhry has pledged to take the fight against the decision to Burnley Crown Court.

The council acted in December over a 'persistent pattern' of taxis failing the authority's mechanical checks.

After spot checks in November, the council’s taxi licensing committee insisted that every vehicle in UK Cars’ fleet be tested again.

It said that if any vehicles failed the test, UK Cars operator’s licence would be revoked. The council said all the vehicles tested failed.

Neil Watson, Pendle's licensing manager, said: "The standard of UK Cars' vehicles has been unacceptably poor.

"They didn't make any improvements despite our very clear warning that they needed to.

"They took this appeal to court instead of accepting responsibility and making sure all their cars are always safe and roadworthy."

Mr Watson added: "We have written to UK Cars as a matter of urgency today to inform them they must cease operating immediately.

"Their licence has expired for the four vehicles they have been using as taxis and we will not be renewing it while they wait for this appeal."
No date has yet been set for the hearing on the second appeal, although formal notice of appeal will be lodged on Monday.

A statement for UK Cars said: "The magistrate's decision ignored private hire licensing law and Pendle Council's own conditions of use for private hire operators and the lawfulness of the decision-making process carried out by the taxi licensing committee.

"We consider this to be a grossly unfair action by the council as they know the magistrates' decision is being appealed.

"The council let our client operate while their decision was under appeal to the magistrates' court. We consider the decision to shut them down knowing there is a further ongoing appeal to be unreasonable and irrational in the circumstance.

"All vehicles operated under our client's radio system and his operator’s licence, as the council well knows, had current certificates of compliance and are licensed by Pendle Council."

Cllr David Clegg, who chairs Pendle's taxi licensing appeal, said: "We have to put the safety of our passengers first and we take a tough stance on this.

"We revoked their licence because there was a persistent pattern of their cars failing our mechanical checks.

"I'm pleased that Burnley magistrates' court has upheld our decision.

"As a council we have a zero tolerance attitude to operators whose cars are unsafe.

"Taxi firms must make sure their taxis are safe every day."

Judith Mason, the presiding magistrate at the Burnley hearing, said business owner Mohammed Arif Chaudhry had ultimate responsibility for the roadworthiness of the firm's vehicles.

Mrs Mason said: "There is no evidence that he fulfilled his responsibility, rather that he addressed it only following the council's intervention.

"It can be reasonably expected that the holder of an operator's licence should have more careful regard to safety and routinely carry out comprehensive checks.

"It is not sufficient to wait for the MoT testing of the vehicle. This falls short of the requirements of a fit and proper person acting as an operator.

"The legislation is there to protect the public and the council rightly protects the public."

Source: ThisisLancashire
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Following a successful prosecution brought by Guildford Borough Council, the driver of a taxi licensed by Waverley Borough Council has been found guilty of illegally plying for hire in Guildford town centre.

On 21 April at 1.15pm a taxi, licensed by Waverley Borough Council, was parked on the taxi rank on North Street, Guildford outside Marks and Spencer. The driver agreed to take a member of the Guildford Borough Council Licensing team on a journey which was not pre-booked. As a taxi licensed by Waverley Borough Council can only ply or stand for hire in the Borough of Waverley, this is an offence under the Town Police Clauses Act 1847.

The driver was found guilty in his absence at Guildford Magistrates Court on 6 September. He was fined £440, ordered to pay costs of £275.30 and a victim surcharge of £44, resulting in a total fine of £759.30.

Cllr Graham Ellwood, Lead Councillor for Licensing and Community Safety said: "I'm delighted with the outcome of this successful prosecution. This follows other recent successful actions we have taken which have come about from the work carried out by our licensing officers."

Cllr Ellwood added: "What I believe this case demonstrates is that we are working to protect the public by ensuring that only taxis licensed by Guildford Borough Council operate in the town centre and across the borough."

http://bit.ly/2vTAwNt
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NOTTINGHAM

A man has been jailed for raping a woman who got into his car believing he was a taxi driver. Farhad Mostafa, 32, was found guilty at Nottingham Crown Court on 7 September. He attacked his victim on Elm Bank Drive on 4 February 2017.

During the trial, the court heard how the woman approached Mostafa along with two other men as they were attempting to jump start their car after she unsuccessfully attempted to flag down a taxi following a night out.

Believing the car was another taxi, the woman asked Mostafa for a lift. He agreed, and all three men and the woman got into the vehicle.

The two other men were dropped off before Mostafa drove to a garage to buy beer before trying to park on Elm Bank Drive. During this time, the court heard how Mostafa had put his hand on the woman's thigh, before she pushed it away and said "no".

After the car stopped, the victim then handed Mostafa £10 as 'payment' for the ride, which he accepted. She then attempted to get out the car but the doors were locked.

The woman then asked him to unlock the doors, but he refused before forcing himself on her and proceeding to rape his victim.

The victim eventually managed to escape the vehicle and phoned the police when she got home. Mostafa denied raping the woman when questioned by police.

The court heard how his DNA was recovered from a condom found at the scene and his fingerprints were found on the condom packet. Mostafa has now been jailed for six years after he was found guilty by a jury.

Detective Chief Inspector Leigh Sanders, from Nottinghamshire Police's Public Protection, said: "I'd like to commend the immense bravery shown by the victim during this investigation and trial following her terrifying ordeal.

"We hope Mostafa's conviction and sentence shows that we take all reports of rape and sexual assault extremely seriously.

"We encourage anyone who has been a victim of a rape or sexual assault - whether it is a recent or non-recent offence - to come forward and report it to us.

"Rape can happen to anyone. Some victims mistakenly think they are to blame, or fear they won't be taken seriously by police or that their integrity will be questioned. Others remain silent out of fear of repercussions from their attacker.

"I can assure them they will be treated with sensitivity, compassion and respect and we can offer them professional support."

http://www.ibtimes.co.uk/rapist-jailed-attacking-woman-who-got-into-his-car-thinking-it-was-taxi-1638547