M25 mobile phone blunder costs private hire driver his licence as court backs council crackdown
- Perry Richardson
- 1 day ago
- 2 min read
A private hire driver has lost his appeal against the revocation of his licence after a court upheld Ashford Borough Council’s decision that he was no longer a fit and proper person to transport members of the public.
Folkestone Magistrates’ Court dismissed an appeal brought by Mehmet Kaygun after Ashford Borough Council revoked his private hire driver’s licence following an incident on the M25 motorway in November 2025.
The case arose after Surrey Police submitted evidence to the council’s Licensing Team showing Kaygun driving while using a handheld mobile phone. Police officers reported that he was holding and operating the device for a prolonged period while travelling on the motorway. Officers also noted the presence of an electronic tablet within the vehicle, which they said added to the level of distraction.
According to the council, police observations and dashcam footage showed the driver repeatedly looking away from the road while holding the phone in front of him in live traffic conditions. Following an investigation, licensing officers concluded that the behaviour presented a serious public safety risk.
Court backs council’s decision, saying public safety must take priority over personal circumstances in taxi licensing cases
Ashford Borough Council subsequently revoked the licence with immediate effect, determining that Kaygun no longer met the legal requirement of being a “fit and proper person” to hold a private hire driver’s licence.
Kaygun exercised his right of appeal, with the case being heard at Folkestone Magistrates’ Court on 3 June 2026. The council was represented by its Legal Services team.
During proceedings, the court acknowledged the impact the revocation would have on the driver personally. However, magistrates confirmed that licensing decisions must be based on public safety considerations alone and that issues relating to a driver’s livelihood or personal circumstances cannot lawfully influence the outcome, in line with established case law.
In reaching its decision, the court considered Ashford Borough Council’s Taxi Licensing Policy, national taxi and private hire vehicle guidance, and statutory standards issued by the Department for Transport. Magistrates placed themselves in the position of the licensing authority and concluded they were not satisfied that the council’s original decision was wrong.
The appeal was dismissed, leaving the licence revocation in place. The court also ordered Kaygun to pay £2,000 towards the council’s legal costs incurred in defending the appeal.
Councillor Katrina Giles, Cabinet Member for Communities and Health at Ashford Borough Council, said: “Residents expect drivers of licensed vehicles to always operate safely. The council has a clear duty to ensure that all licensed drivers meet the ‘fit and proper person’ test. This case demonstrates that we will act decisively where standards fall short, particularly where road safety is concerned. Using a handheld mobile phone while driving is both dangerous and unlawful, and it will not be tolerated within the licensed trade in Ashford.”
