Challenging Private Hire Licence Decisions made by TFL

Challenging a Decision by TfL relating to Public Hire Licences

The regulation of Private Hire Vehicles in London is governed by Transport for London. This means that TfL are responsible for decisions for new licences, renewals of licences and also can make decisions to suspend or revoke licences.

The only way to challenge an adverse decision is to seek to appeal the case before the Magistrates Court. Having the benefit of experienced legal representation, in particular an individual who has acted on behalf of TfL, can make all the difference.

It is important to lodge an appeal within 21 days of the date of the decision made by TfL, as well as engaging with TfL’s correspondence prior to that date. Once the appeal is lodged, a bundle will be compiled, engaging with TfL and ensuring they have the benefit of all material at this stage is vital.

The approach the court will take is set out in a case known as Hope and Glory, this gave a five stage approach for any appeal:

a.        The Court will note the decision of the licensing sub-committee;

b.        The decision will not be reversed lightly;

c.        It will only be reversed if the Court is satisfied it was wrong;

d.        The decision will be based on evidence (and the driver can give evidence);

e.        The decision will be made in line with the relevant policy documents.

The key policy document for TfL is the Taxi and PHV Driver Policy Policies, advice and guidance on licensing taxi and private vehicle drivers in London.

This document is available at : https://content.tfl.gov.uk/taxi-and-private-hire-policy-july-2023.pdf

One of the key questions when it comes to determining an appeal, is whether or not the driver is a Fit and Proper Person. There is no hard and fast rule for determining this but the following features are normally considered:

·        Any criminal convictions or cautions the driver has or has had – there are particular considerations for specific types of offences (and timescales for an application to be allowed)

·        The total number of points endorsed on an individual’s driving licence

·        The driver’s history of behaviour in relation to other road users and passengers in their vehicle

·        How long the driver has held their driving licence (only normally applies to new applicants)

·        The driver’s mental and physical fitness

·        Any other concerns about the driver’s integrity, for example instances of dishonesty.

One particular challenge is where TfL reach a decision on the basis of complaints. It is well known that passengers will make false claims to seek refunds and will make fake complaints. This evidence is admissible but it is important to be able to put together rebuttal evidence and to explain the number of complaints.

It is also important to ensure that a true picture of a driver’s reputation and their review scores, as well as evidence that the scores are above average.

Obtaining legal representation at an early stage is vital to ensure proceedings proceed swiftly.