Taxi Defence Barristers have successfully overturned a number of decisions by Transport for London (TfL) in private hire licensing cases.
In the first case, TfL refused a licence (Mr FC) on the basis of a DBS entry that included a conviction in March 2012 for an offence of assisting unlawful immigration into an EU member state. He was sentenced to 22 months immediate imprisonment.
TfL refused his application and Mr FC sought assistance in appealing. Two weeks before the appeal date TfL considered the evidence served on his behalf by barrister Stephen McCaffrey and decided to no longer contest our appeal and reversed their own decision.
In the second case, Taxi Defence Barristers represented an applicant (Mr MA) who was refused a private hire licence by TfL on the basis of a DBS entry conviction dating back to 2012-2013 concerning the supply of Class B drugs.
On appeal, Taxi Defence Barristers argued that TfL had failed to exercise their discretion and consider the case on its own merits.
The Court agreed accepting that Mr MA had clearly changed, committed the offences when very young and now had a family to support. They also accepted the courses he had taken (on our advice) and the references we submitted from select individuals as clear demonstration he could be trusted.
The Court quashed the decision of TfL. In the third and final case, Taxi Defence Barristers’ client Mr NS was granted a PHV licence in August 2017.
In 2018 UBER passed to TfL information about a series of complaints made by riders. There related to aggressive, abusive and discriminatory behaviour, a fraudulent cleaning charge and sexual indecency.
TfL revoked his licence. Mr NS instructed Taxi Defence Barristers to advise and represent him in appealing the revocation.
The court was persuaded by the arguments based on the lack of credible evidence, a complete absence of any investigation carried out by TfL and their flawed application of their own policy.
As a consequence, the Court quashed the revocation.