The Badge - December 2023 / January 2024

INSIDE

More trade stories than all the others put together ESSENTIAL LEGAL ADVICE FOR THE TRADE

UNIFY APP STAYING STRONGER TOGETHER

Issue 291 December 2023 / January 2024 BOXING DAY CLASSIC THE GREAT ESCAPE

MAKE IT A SPECIAL

TAXI DRIVER?

HAD AN ACCIDENT? We’ll deliver you a replacement LEVC today!

Our 12 day yuletide wishlist for TfL Page 3

CHRISTMAS ANDY! We wish you all a Merry Christmas Thank you for your ongoing support and business.

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0203 488 8000

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Issue 291 December 2023 / January 2024

HERE’S TO RETAINING OUR HARD WON CUSTOMERS I would like to start by wishing everyone a very Happy Christmas and a healthy and prosperous New Year.

Published by The London Cab Drivers’ Club Ltd. Unit A202, Tower Bridge Business Complex Tower Point, 100 Clements Road Southwark, London SE16 4DG Telephone: 020 7394 5553 E-mail for membership enquiries: E-mail: thelcdc@gmail.com Web: www.lcdc.cab Editor: Grant Davis The Badge is distributed free to the Licensed London Cab Trade.

For advertising enquiries please contact the office on 020 7394 5553 or E-mail: thelcdc@gmail.com All advertising in The Badge is accepted under our terms and conditions. These are available at the LCDC office.

Before entering into any commitment, financial or otherwise, always remember to seek professional advice.

The views expressed in this publication are not necessarity those of the Editor or of the Management Committee of the London Cab Driver’s Club.

Contributions for publication are welcomed and should be sent to the Editor at the above address.

The London Cab Drivers’ Club Ltd. Printed by Iliffe Print. T: 01223 656500 www.iliffeprint.co.uk

Where did this year go? As per usual there is never a quiet time for the Cab trade and this year is no exception. No pay rise, a proposed KOL review and a cabbie choir at the Coronation, what a mixed bag.

There is talk of a recession blowing our way next year so let’s hope we dodge the bullet. We have won back customers in recent times and I hope they remain loyal.

There are a couple of legal articles in this month’s Badge from our lawyers, Paytons have a read as they are very Looking at our Jan 2023 front page, informative and may help you we have gone full circle with the if you are a non LCDC Club’s lawyers, Paytons, writing an member. article on pages 4 -5 over TfL’s complaints procedure and how we We have our AGM on Jan feel it is just not fit for purpose.

31st 2024, so look forward to seeing you then.

On behalf of all our members who have been represented by the Happy New Year everyone amazing Keima Payton this year, I 🥂🥂🍾 am pleased to say her 💯 success rate for our members is still intact… a better record than Tyson Fury.

The recent Uber PR stunt regarding signing up licensed taxi drivers to their app was just that, a cheap stunt, and any drivers who are thinking of signing up need to have a long hard look in the mirror and if they have only been out a few years… look it up on YouTube.

OUR AGM WILL BE HELD ON JANUARY 31ST 2024 AT THE WHITE HART PUB, GREAT SUFFOLK STREET, SE1 0UG AT 2PM

PAYTON’S SOLICITORS Suite 12, Temple Chambers, 3, Temple Avenue, London EC4Y 0HP

We at the LCDC don’t often bang our own drum when it comes to helping our members with their legal troubles. A lot of the cases which come our way with members are quite sensitive and we respect their wishes to keep things in house and out of the paper which I can fully appreciate.

However, not only do Payton’s Solicitors offer our members a 24 Hour Duty Solicitor 365 days a year, but since getting involved with the Club, our solicitor Keima Payton has the distinction of having a 100% success rate in all her cases which she has handled on behalf of the Club’s members.

Keima Payton has a fearsome reputation in court and should ever the need arise you will find no one better able to fight your corner and save your Badge than Keima.

- Grant Davis, LCDC Chairman

Tel: 0207 405 1999 FAX: 0207 405 1991

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Issue 291 December 2023 / January 2024

THE TWELVE DAYS OF CHRISTMAS FOR A TAXI DRIVER

Dear Santa Andy Lord,

that regulation could improve the trade not kill it!

I wanted to write a letter on behalf of all black cab drivers, Cab drivers recognise that letting you know what we proper regulation can only would like for Christmas from help Black Cab Drivers, who TfL! provide the best public transport in the world. We We would like a return to want bad cab drivers to be proper regulation from a chucked out of the trade but regulator who really cares we don’t want TfL to throw about the Trade and believes the baby out with the bath

water…

TfL’s commitment to the Regulators’ Code isn’t obvious to black cab drivers.

The Regulators’ code states: 1 Regulators should carry out their activities in a way that supports those they regulate to comply and grow 2 Regulators should provide

simple and straightforward ways to engage with those they regulate and hear their views 3 Regulators should base their regulatory activities on risk 4 Regulators should share information about compliance and risk 5 Regulators should ensure clear information, guidance

and advice is available to help those they regulate meet their responsibilities to comply 6 Regulators should ensure that their approach to their regulatory activities is transparent So like the 12 days of Christmas, this is our 12 point list of complaints about regulation...

On the first day of Christmas TfL should give to me, a proper Complaints department with staff who have been trained especially On the second day of Christmas TfL should give to me, a declaration of truth signed by a complainant before contacting me On the third day of Christmas TfL should give to me, investigators who investigate and request CCTV (and witnesses spoken to, other evidence sought all before a cab driver is informed).

On the fourth day of Christmas TfL should give to me, disclosure of all relevant evidence and transparency (and no hearsay) On the fifth day of Christmas TfL should give to me a statute of limitations in which they are able to investigate or prosecute me (Given notice within 21 days of a complaint so that I can keep my own evidence) On the sixth day of Christmas TfL should give to me, a break if someone is complaining about overcharging and meter skulduggery (TfL should explain the 3 tariff system to passengers who expect a midnight journey to be the same as a Tuesday afternoon).

On the seventh day of Christmas TfL should give to me, a promise that the reason why the complaint has been NFA’d is explained to me (so because it was not upheld, insufficient evidence or not in the public interest).

On the eighth day of Christmas TfL should give to me, a promise that an NFA won’t be brought up years later and come back to haunt me.

On the ninth day of Christmas TfL should give to me, a set period for how far back TfL can go when looking at a course of conduct at a disciplinary On the tenth day of Christmas TfL should give to me, the number of complaints made and outcomes published regularly On the eleventh day of Christmas TfL should give to me, a reconsideration hearing chaired by an independent panel who are free (instead of chief TfL prosecutors Claire Farcas and Nathan Rod) On the twelfth day of Christmas TfL should give to me, a decision from the panel just like we got with Roy Ellis and Sandie Kennedy (so it can be relied upon on appeal).

And can we please have a stocking too Mr Lord?

1. A hands free mobile holder 2. An in cab recording device to assist when complaints are made 3. A dash camera recording outside their cab 4. A travel pee bottle (to hold the rising number of urinary tract infections suffered by male cabbies.

5. LCDC membership!

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Issue 291 December 2023 / January 2024

REGULATION DETERIORATION? ARE TFL’S COST SAVING STRATEGIES KILLING THE TRADE

By Keima Payton, Payton’s Solicitors

complaints don’t require anyone to declare they are telling the truth, don’t need to be made by the persons involved, can be about anything at all… this places the onus on the driver to respond however ridiculous the complaint is. Not only that but every time a driver is asked to respond to a complaint, even when it is dealt with by way of No Further Action, the fact a complaint was made will be held on file and comments made are held on your records. It is also right to say that a standard pro-forma of the compliant response frequently includes the phrase: “…I would just like to remind you that attracting occasional or minor complaints should not have any impact on your licence, but should you attract a number of complaints or a pattern of poor behaviour becomes evident, we may consider a referral to our licensing team for a review of your fitness to remain licensed” So beware those resolved complaints may well come back to haunt you!

You can make a formal complaint about a cab driver that could ultimately see them lose their Hackney Carriage License in less than 5 minutes!

You don’t need to speak to anyone at TFL, you can simply send an email or click the link to the online complaint form and answer some basic questions. You don’t promise that you are telling the truth (which should be a requirement like it is for every witness statement) or sign to say that you understand that a false report could have consequences… mainly because there are no consequences for members of the public who complain – even if they do so repeatedly.

Here is a tip, if you suggest that the cab driver you wish to complain about used racist or homophobic abuse then it is likely to be dealt with more seriously and if you refer to the “one finger salute” or the “5 knuckle shuffle” the same will apply.

WHAT CAN I COMPLAIN ABOUT?

You can complain about anything and everything; Splashed by a puddle on a very rainy day – TfL will demand an explanation from the driver. Your emotional support dog has been refused a journey, TfL will threaten to prosecute a driver for that… You feel the fare is too high and the meter has been “fixed” or that you knew a better route, TfL will make your cab driver waste time explaining it was a late night journey so the tariff increased.

TfL even tell the public what they would like to hear about, what reports they “find useful” on their “Compliance and Enforcement” page. Seems a bit of an odd expression but this is exactly what they say: “There are many types of reports we find useful.

These include: • Touting or unlawful plying for hire • Unlicensed drivers or vehicles being allocated a booking by an operator • Accessibility complaint including refusal to pick up an assistance dog or wheelchair

• Damaged, missing or fake identifiers • Illegal advertising • Misuse of the words taxi or cab in private hire advertising (Section 31 offence) • Poor vehicle condition (including as a result of a road traffic incident) • Smoking or vaping in a licensed vehicle” Why do they find these reports “useful” is it because they are trying to thin out the trade?

COMPLAIN EVEN IF YOU ARE NOT INVOLVED?

Not only has complaining been made easier with TfL than ever before, not only are they crying out for people to complain about taxi and private hire drivers, they also now permit you to complain if you are not involved in an issue! Yes, they now want you to complain: “If you see or hear of any inappropriate

driver behaviour, you can report it by calling our customer complaint line on 0343 222 4000, emailing TPHintel@tfl.gov.uk, or filling in the online complaints form.”

EVEN IF I JUST HEARD ABOUT IT?

So TfL are asking the public to complain about you if they hear of inappropriate behaviour - which is ridiculous because hearsay is complicated (I don’t mean the group!). The dictionary definition of hearsay is “information received from other people which cannot be substantiated; rumour”. So, Adam tells Ben that he had a problem with a Cab driver, the public reading the compliance and enforcement page for TPH think they have every right to report the cab driver to TfL. Rumours are now OK apparently?

It’s a deeply unsatisfactory situation that

ONGOING CASE: In an ongoing case at Payton’s, TfL have provided a reconsideration bundle which includes 8 years’ worth of minor complaints, many of which were dealt with by way of “No Further Action” in an attempt to suggest a driver isn’t fit now.

Why would TfL want to use old complaints, resolved years ago? Is it because they think they can?

Payton’s don’t think that TfL could or should attempt to rely on cases where misconduct was alleged but not found.

Payton’s think it is a breach of natural justice to tell a driver there will be “No Further Action” and then years later suggest that these complaints suggest the driver is unfit.

So incensed are we by the blatant attempt to drag from the ether, old resolved complaints that we have looked for evidence of what TfL have said about this issue before… which led us to the sworn witness statement of Helen Chapman (dated 29th March 2018) for the Westminster Case of Uber London Limited v TfL. As you will know Helen Chapman was then (and still is) the Director of Licensing, Regulation and Charging. She said in her statement of truth, at paragraph 21

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Issue 291 December 2023 / January 2024 “ I understand that the courts have also accepted that past misconduct by the licence holder is a relevant consideration to take into account in every case when considering whether to renew a licence. The weight to be accorded to past conduct will depend on the circumstances of the case”.

The key word here is “past misconduct” not resolved complaints determined in the favour of a taxi driver.

SO WHAT DOES IT ALL MEAN?

I am glad you asked, because the definition of the results from complaints can be found within Taxi Private Hire Enforcement Policy found on the TfL website (if you look really hard – if you can’t find it send me an email (keima@paytonslaw.co.uk) and I will forward a copy to you) it sets out what determinations mean; “The evidence review will be undertaken in a timely fashion and the outcome of the evidential review will be a decision of: • No Further Action - no offence committed, insufficient evidence or not in the public interest to proceed.

Payton’s are aware that this term is used without indicating which applied.

• Warning in lieu of prosecution.

Payton’s are aware that Warnings are given without asking a taxi driver to respond first – which is also outrageous.

• Fixed Penalty Notice - they can’t do this yet but beware if it is anything like criminal law, when they do paying a FPN is an admission.

• Prosecution – when they ask the police to prosecute you • Referral to the Licensing Authority with a recommendation to conduct a Licensing Review. This is when you end up at a redetermination hearing at Palestra.

• Or a combination of the above.

Surely any letter following a complaint should say, when a driver is advised it will be dealt with by way of No Further Action, whether this means that their investigation has concluded: A) No offence committed, B) Insufficient evidence or C) Not in the public interest to proceed

WHAT DOES HELEN SAY ABOUT “FIT AND PROPER”?

Thankfully Helen dived into the arena and provided a definition of “Fit and Proper” at paragraph 20 when she said: “I understand that the phrase "fit and proper" is used in a number of statutory contexts, and its meaning is contextspecific: a person who is "fit and proper" for the purposes of one licensing regime may not be for the purposes of another.

I understand that the Courts have confirmed that licensing authorities may take into account "anything which a reasonable and fair-minded decision maker, acting in good faith and with proper regard to the interests both of the public and the applicant, could properly think it right to rely on".”

How reasonable and fair minded is it to try and make a determination based on matters which were NFA’d almost a decade ago? How reasonable and fair minded is it to rely on hearsay and how

reasonable and fair minded is it to not properly investigate…

HOW FAR BACK CAN TFL REFER TO A COMPLAINT?

The worst thing about the complaints that anyone in any service led industry faces is that you can’t pick your passenger. Sure, you can refuse to take a drunk but what if they make a note of your details and complain that you behaved unfairly.

It’s also true that TfL is like an elephant, they never forget – so you could find yourself dealing with a complaint initially and then a decade or so later, even when TfL said they would take No Further Action.

Are you aware that a warning can be given without you ever being asked to comment on what you will be warned about? This flies in the face of their assertion (in their Enforcement Policy) that:

“When TfL receives a report from a customer or compliance officer that an offence may have been committed, this will be investigated and the most appropriate course of action will be taken in accordance with this policy document. Evidence gathered will be reviewed by a trained, specialist team, based in TfL’s Compliance, Policing and On-street Operations Directorate. This method provides an independent review of the evidence before a decision is made”.

If this were true would the title of this article be Regulation Deterioration? Why has that title been chosen? Well it is simple, the regulation of the trade has deteriorated and we know that because LCDC Chairman, Grant Davis, attended a meeting with TFL Commissioner Andy Lord and Deputy Mayor for Transport Seb Dance this month and tells us that complaints are being dealt with by nonTaxi and Private Hire staff (people that deal with complaints on the buses and

sign a statement which indicates that what they are saying is the truth? Are other witnesses requested? Are they spoken to?

I strongly suspect that in all but the very serious cases the process of complaint handling is: i) Receive unsubstantiated complaint via online complaint form ii) Copy compliant into letter to driver (why a letter and why not via email?) and ask driver to answer complaint iii) Receive response, look at history of driver and ask if he needs to lose his license – send response.

This is important because years from now when TfL decide that you have too many minor complaints they now want to take your livelihood, I can guarantee that you will want more than the initial complaint to be copied and pasted on an email as “evidence” of your unsuitability.

TFL’S HELEN CHAPMAN

“TfL will ensure that the right offender is identified and given an opportunity to provide mitigations or explanations”

trains). In that meeting Grant raised the farcical and unjust complaints system and demanded that there be changes…

WHAT HAPPENS WHEN A COMPLAINT IS MADE & WHAT SHOULD HAPPEN?

A regulator can’t just cut costs when it comes to regulating. All complaints must be investigated properly, especially in circumstances where TfL think they can simply go back years and use complaints which were never upheld to take a drivers badge.

I think we all hope that a complaint will be dealt with by a “reasonable and fair minded decision maker, acting in good faith and with proper regard to the interest both of the public and the applicant” but how well are they investigated?

The Enforcement Policy advises that “TfL staff will be fair and objective. They will not let personal views about ethnic origin, gender, religion, political beliefs, sexual orientation or age play any part in the consideration of any matter. They will not be affected by improper or undue influence.” But surely this is the least that one can expect…

TfL say within the policy:

HOW MUCH INVESTIGATING TAKES PLACE & WHY IS IT IMPORTANT?

I would urge all drivers faced with a complaint to query what investigation has taken place prior to them being asked to give an explanation or prior to a final determination being made. What are the statistics: How many CCTV cameras are looked at by TfL in the course of a complaint? Do the investigators speak to the complainants before asking a driver to respond to a complaint? Are complainants asked to

There is little evidence, in minor cases, of “evidence” being “gathered”, no disclosure provided which suggests that “trained” specialists have conducted a full investigation. Why is so little said in Compliance and Enforcement about what TfL do when they receive a complaint? In their policy investigations are covered by para 9 (the entire investigation section is 15 lines long and refers to cautions and interviews by Compliance Officers and says nothing about their specialist team). It ends by stating: “This policy is evidence of TfL’s commitment to the Regulators Code…”

The Regulators Code states at 1 “Regulators should carry out their activities in a way that supports those they regulate to comply and grow” I submit that TfL don’t support the trade to ensure they grow, they regulate to punish and more regulation is needed of the regulator.

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Issue 291 December 2023 / January 2024

HOW TO MAKE AN EXCEPTIONAL, EXCEPTIONAL HARDSHIP ARGUMENT!

By Alice Dyer, Payton’s Solicitors

8. A single mother needing to drive to care for her two disabled children (Colgan v McDonald) 9. A father driving his son to hospital for kidney dialysis (Kirk v PF) 10. The inability to continue charity work (Gardiner v PF) 11. Causing a child to not continue in further education (Bruce v PF)

I know that on first blush this doesn’t seem to be the type of article that a firm of Solicitors should write – telling you how to make your own EH application seems counter intuitive especially because as a cab driver, you are driving much more than most other professions and are more likely to come unstuck when it comes to totting.

You are more at risk of becoming a “totter” (someone who accrues 12 penalty points or more on their license (so 4 times in 3 years going over 20 miles an hour and your license is in jeopardy) than your average motorist. Losing your licence would also be hugely detrimental not only because you drive for a living (and cant employ anyone else to do that for you) but also because TfL policy means that they punish you after the Courts have punished you – even if the Courts decide not to disqualify you.

If you have received that dreaded speeding ticket through the post and you suddenly realise that you are now facing 12 speeding points, it would be a good idea to consider if an exceptional hardship argument could help.

WHAT IS AN EXCEPTIONAL HARDSHIP ARGUMENT? Under the Road Traffic Offenders Act 1988 s.35(1), the Court must order you to be disqualified from driving once your penalty points number 12 or more, unless: ‘there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified’.

This is where the Exceptional Hardship Argument comes in: If you would suffer hardships which are considered ‘exceptional’ by the Court upon

THINGS TO WATCH OUT FOR WHEN MAKING YOUR ARGUMENT: disqualification, you can make an Exceptional Hardship Argument to try and persuade the Court to let you keep your licence.

An Exceptional Hardship Argument is not a defence to the points that you have accrued – it is an acceptance of guilt and a plea for mercy on the grounds that you or ideally, someone close to you (the innocents) would suffer exceptional hardship if you were to lose your licence.

WHAT IS THE LEGAL TEST? There is no exact definition of ‘Exceptional Hardship’, and it is a matter of fact and degree dependent on the circumstances of each case. It goes without saying that the hardship must be more than that which is normally suffered, to become ‘exceptional’.

The Courts consider that hardship to ‘innocents’ (such as family members, and other dependent on you) for instance, is more relevant than that which would cause hardship to yourself. The relevant test is one of risk not certainty. You do not have to prove such things will definitely occur but the risk must be substantial.

WHERE AND WHEN IS EXCEPTIONAL HARDSHIP FOUND? There are many situations in which exceptional hardship has been found in the past, and may be found for you.

Loss of employment in itself is

usually not enough (see Brennan v McKay (1996) SLT 603), but in the case of Allan v Barclay 1986 SCCR 111 whilst loss of employment was not in and of itself “exceptional hardship”, alongside mortgage & loan payments when the defendant was trying to get back on his feet after losing another trade was considered to be exceptional hardship.

Previous case law suggests that the following circumstances may also prove exceptional hardship: 1. Loss of employment, resulting in likely loss of family home and resulting in hardship to immediate family (Railton v Houston) 2. Loss of a business owner’s licence which would result in collapse of business and loss of employees jobs (Robinson v Aichison) 3. Risk to family home and inability to meet debts (Allan v Barclay) 4. Business relied upon the owner’s ability to drive and it was not possible for him to employ a driver (McFadyen v Tudhope) 5. The effect of a business owner’s disqualification upon independent contractors (McLaughlin v Doherty) 6. Taking a child to hospital on a regular basis (Edmonds v Buchanan) 7. Loss of licence of skilled employee would cause serious hardship to the employer (Findlay v Walkingshaw)

1. The standard of proof is on you to show that on the balance of probabilities (so that it is more likely than not) that exceptional hardship exists, which is why it is so important to understand the law and accumulate evidence to back up your case.

Such evidence can include letters from those who will be affected by your disqualification – think here about medical evidence such as appointment letters or medical reports, mortgage arrears letters, debt letters – anything which supports what you are saying and which you can point to, to make your point.

2. The arguments only last for 3 years! If you make a successful Exceptional Hardship Argument, but within the next three years receive more points: you can’t use the same argument again (see s35, ss4C of the Road Traffic Offenders Act 1988).

So, if you are lucky enough to be successful, be careful!

3. The argument itself is not an opportunity for the Court to consider the frequency of the offending, or the speed travelled.

This means you will not be at any more disadvantage if you were 20mph over the speed limit, than someone who was just 5mph over! Don’t let the speed, or number of points, put

you off making an argument or seeking advice about making an argument.

4. As a cab driver licensed by TFL, you must be aware that even though you have managed to keep your driving licence, TFL may still decide to revoke your taxi licence and if you are banned from driving by the Courts TfL will likely state that you have to wait a further 6 months, after your disqualification has ended, before you can drive your cab again.

Exceptional hardship arguments are notoriously difficult to win and require a lot of case preparation, including compiling bundles of evidence and drafting written argument for the Court inclusive of all the relevant case law and legislation. The ramifications of being disqualified are that you could be prohibited from working for a year or more…

OBTAIN LEGAL ADVICE We recommend seeking legal advice before going to Court but if you must go it alone – go prepared. Always remember that at Court it isn’t enough to just say it, you absolutely must prove it. Failing to prepare is just preparing to fail.

Any number of firms of Solicitors can assist you in the making of an Exceptional Hardship Argument and we recommend that you always seek legal advice. Few firms have the experience that Payton’s Solicitors have in making these applications, successfully. We accept that we aren’t cheap and we consider ourselves to be reassuringly expensive – look at our Google reviews. Did you know that Keima Payton has never lost an Exceptional Hardship Hearing… although a couple she has had to appeal to the Crown Court (all of those were accepted), so she has a 100% record of success.

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The future is Green The future is Colts

Don’t be a diesel dinosaur

TXE taxis to rent We are still renting a limited amount of diesel taxis

11

Issue 291 December 2023 / January 2024

Walker on the March...

UBER TAXI – FINAL NAIL IN THE COFFIN Over the years there have been several encroachments into Taxi demand. Starting with Taxi Radio Circuits, then unlicensed PH, licensed PH, Taxi Apps and Uber, in that order.

TAXI RADIO CIRCUITS

As I said in last month’s Badge, the circuits were good for everyone. It started with Radio Taxis (formerly Mountview) and Dial-A-Cab (formerly Lords) in the 1950s.

The original names go back to a time when phone numbers belonged to specific telephone exchanges rather than a 3 or 4 letter numerical code.

These were joined by Comcab (formerly LondonWide), set up by the LTDA in 1974 due to members being unable to join the other circuits.

On the whole these circuits were good for the whole trade up until full PH licensing, when things took a turn for the worse.

UNLICENCED PH

These first appeared when Welbeck Motors turned up in the 1960s, nicking our work and causing a war where the violence topped out at firebombing. After things settled, it became them doing their thing and us doing ours, with minimal cross-over between the two. Touting was minimal if not a rarity.

Then came the 1990s when scab touts became emboldened to pick up off the street with impunity as neither the PCO (now TPH) nor Old Bill had much interest in nicking them, other than for the rapes and other serious sexual offences. At this point, unlicenced PH became a very big problem and was instrumental in turning the LCDC into its current organisational form.

LICENCED PH

I don’t have to tell any of you what a problem this is for us today. We had a chance to beat them though and turned it down.

When full licencing of drivers came in 2003, their number fell from an estimated 60,000 to just 24,000, almost overnight.

The large PH operators were

properly in the doo-doo, unable to cover their account work. There was a chance to take their work but instead they found a solution when the 3 radio circuits allowed them to open accounts and cover work with taxis that they were struggling with.

From the drivers’ perspective, it was hard to spot these job offers as PH because they often gave them clandestine names and you wouldn’t realise until, you picked up the fare that you were covering PH work.

Personally, I tried to avoid it and when I got caught out, I knocked it back. However, when the customer is in the cab, its not their fault and too late to knock back I guess this period was our undoing, In the short term, all TP and Old Bill were interested in was unlicensed touts and completely disinterested in licensed touts. In fact, they overcame the problem by making licensed touting legal. Where there had been unlicenced touting outside nightspots, TPH twisted the intention of The PH Act (1988) and gave PH operators, in practise, legal ranks outside these places.

The result of this was that in 2003, AL (Addison Lee) had a turnover only half that of Comcab. Within six years,

that turnover was double that of the 3 circuits put together.

TAXI APPS

In my opinion, these have been almost as damaging as Uber (to date).

Hailo, as it was then and GETT, hoodwinked drivers by claiming they should subscribe to help “win the work back” from PH. The actual intention was to win work from the existing circuits and also to persuade our street work to book through Apps instead and then sell what had been free work, back to drivers.

They even went as far at one point, as to have agents walking station ranks, offering free rides to passengers waiting for taxis in the morning rush.

The Taxi Apps finished the job that AL started and put the final nail in the coffins of Radio Taxis and DAC. Gett bought out RT and DAC ceased trading and sold their building in East Rd. The proceeds were split among the membership, with drivers getting a handy pay-out and the board getting a much handier pay-out.

PH was brought in by both Apps and share the platforms with taxis. Comcab are now in partnership with AL, who suffered badly at the hands of Uber.

THE UBER COMETH

Now, as you all know, Uber are making another concerted attempt to persuade taxis to subscribe to them. You have all seen the ads but if you have been living in a cave, Uber wants to give you a wad of cash for joining, another wad of cash when you cover your first trip and then several months subscription with no commission.

The word on the street is that nobody will touch it with a bargepole but I’m not so sure. It wouldn’t be hard to rationalise. Who could blame a driver for thinking “how is this different from joining Hailo, Gett or Comcab as they all have both taxis and PH on their platforms?”

However, I think Uber is a very different animal. It is voracious and it will not be satisfied with just having taxis on the platform. Uber is a huge business; not just compared to others in the transport industry but compared to any company world-wide.

Sooner rather than later, if we join forces with them, they will control us. Let’s not forget their political clout. The work done by the London Assembly Transport Committee leading up to their report in 2014 would have severely rode PH back and

reduced driver numbers. It had every chance of being implemented as the then Mayor, Porky Johnson, was largely in favour of it. Then what? He got warned off by the PM, David Cameron, and told to leave Uber alone.

Now, all the previous runners have been content to not get too involved beyond using taxi drivers to cover work. That won’t be enough for Uber because their business plan demands control. If they get their foot in our door now, I don’t think it will be too long before they are both overtly and covertly getting involved in areas such as our tariff, watering down the Knowledge to increase driver hunger, etc.

Let’s not forget the punter. If we are on the platform, we will just be one more option when “getting an Uber” for the customer.

If we join them now, they will be our bosses sooner rather than later. I certainly won’t be joining them under any circumstances even though I don’t have to worry about the long-term as I will be retiring in 12 months anyway. That doesn’t mean though that I don’t care about the future of the cab trade. I do and I don’t much fancy the future of it with Uber in charge, as they will assuredly be if we accept their 30 pieces of silver.

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Issue 291 December 2023 / January 2024

13

You need to know about ‘assistance dogs’

By Harriet Lawrence, Payton’s Solicitors

2010 provides a duty for people to make reasonable adjustments for disabled people, this is to avoid discrimination against disabled people. Allowing an assistance dog to travel in a Taxi with their owner would be considered making a reasonable adjustment under the Equality Act 2010. Refusal is classed as discrimination.

When must a taxi (or private hire vehicle) allow dogs in their vehicles and what is the penalty for refusing to do so? Most drivers think that TfL’s general stance is that drivers are not required to take any animals in their vehicle. This was certainly the view of an LCDC member, who recently had an issue and was threatened

by TFL with legal action under the Equality Act 2010 and ran the risk of a determination that he wasn’t “fit and proper”.

Consequences of refusal?

Drivers who refuse to take a passenger because they have an assistance dog can face prosecution by TFL, the loss of their license and large fines.

TfL’s website quotes statistics from February 2015 and November 2017 when they “pawsectued” 27 minicab drivers for refusing to carry passengers who were accompanied by “assistance dogs”. These drivers were fined a total of £9,705 with costs awarded to TFL to the value of £13,471 and £1,855 was paid out as compensation to the complainants.

The dog wasn’t the sort of breed that anyone would consider an assistance dog… it was a toy breed and travelling without formal identification or a jacket! The case was made difficult because the owner was abusive and in drink, which was the real reason why the member refused the journey.

The passenger then made a formal complaint to the police and TfL citing disability discrimination legislation.

Luckily, Payton’s made relevant representations and the matter was dropped by TFL (and the police) but it’s time to clarify the position so drivers know the law and know where they stand (or sit!).

What is an Assistance Dog The Equality Act 2010 does not provide a definition of “assistance dog” that applies to the entire Act. The definition of “assistance dog” is limited to the part that refers to the carriage of assistance dogs in taxis and states an “assistance dog” is: (a) A dog which has been trained to guide a blind person; (b) A dog which has been trained to assist a deaf person; (c) A dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the persons mobility manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects; (d) A dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind.

The problem is that “prescribed charity”, “prescribed category” and “prescribed kind” are not defined within the Act. The Disability Discrimination Act 1995 (which is no longer in force outside Northern Ireland) lists just three charities as a “prescribed charity” (Dogs for the Disabled, Support Dogs and Canine Partners). This means Guide Dogs for the Blind and Hearing Dogs for Deaf People are not “prescribed charities” (which is barking mad), although dogs trained by these charities would be covered by (a) and (b) above.

Emotional support animals have no special status in the law and you can refuse to carry these animals!

What is TfL policy on “assistance dogs”?

TfL policy states that a driver cannot refuse a passenger because they have an “assistance dog”.

This is fair play when it comes to obvious assistance (and service) dogs, but what of those dogs who don’t look legitimate?

Drivers who refuse any type of “assistance dog”, regardless of

breed, risk losing their license and could face a large fine.

Can I charge more?

You would be barking up the wrong tree if you thought you could charge more because a passenger has an “assistance dog”. Not only can you not charge more, but you must remember that during the journey the “assistance dog” must be able to sit next to their owners.

Who/how can I refuse?

The only way in which a driver may be exempt from accepting an “assistance dog” is on medical grounds - for example if you are allergic to dogs. The problem is that this is not something you can say after the event, in order to qualify for exemption, you must apply to TFL before you refuse a dog.

Your exemption notice MUST be on display in your vehicle and you MUST carry your exemption certificate with you.

Otherwise the exemption is not valid.

Why are “assistance dogs” allowed where other dogs aren’t?

Section 20 of the Equality Act

Identifying an “assistance dog” It is recognised that TfL policy doesn’t help a driver faced with a passenger who claims that their dog is an “assistance dog” in Barking on a night when it’s raining cats and dogs. So to assist, drivers in identifying dogs which may fall into the definition of “assistance dogs” (recognising as we must that not all assistance dogs will wear jackets and not all disabilities are visible) we have below provided a helpful summary of the colour jacket, working “assistance dogs” should wear: • Guide dogs – white harnesses with yellow fluorescent stripes • Hearing dogs – burgundy jackets • Dogs for good who support people with autism, physical disabilities, learning disabilities and dementia – green jackets • Support dog for physically disabled adults, seizure alert dogs for people with epilepsy and for children with autism – blue jacket • Dog A.I.D, dogs for adults with physical disabilities – red jackets • Canine partners, dogs for adults with physical disabilities – purple jackets • Medical detection dogs for adults and children with complex health conditions – also red jackets If in doubt (we suggest that you paws here and really think

about this) if there is no way of visually identifying an assistance dog (so no jacket or harness), if the owner has no formal identification and they don’t look like they have a disability - take the dog! At least until we can get the policy clarified.

Remember, TfL’s policy isn’t drafted to protect you or provide you with any proper assistance and on past behaviour if a complaint is made they will likely require you to explain yourself.

TfL Policy not fit for purpose Unfortunately, TfL’s policy on “assistance dogs” isn’t fit for purpose and urgently needs to be reviewed. It also isn’t as robust as it could be, noting that most travel companies recognise “assistance dogs” only if they are trained by organisations that are members of either: • Assistance Dogs International • International Guide Dog Federation Perhaps TfL should adopt this practice? The onus we think should always be on the owner to prove that their dog is an “assistance dog” and they should carry the correct identification (or have their dogs wearing the correct jacket). All Assistance Dogs UK (ADUK) people and dog partnerships are issued with ID booklets.

Drivers have to prove their exception, so it only seems fair!

Changing TfL policy would also assist those with genuine disabilities or medical conditions who use “assistance dogs”, as uncharitable individuals are undermining the legitimacy of “assistance dogs” by claiming their pet dogs are “assistance dogs” in order to obtain privileges to which they are not entitled. We also believe that within legislation “assistance dog” should include a standard to which a dog must be trained as well as a list of organisations who undertake the training. The Equality and Human Rights Commission states that “assistance dogs”: • are highly trained • will not wander freely around the premises • will sit or lie quietly on the floor next to its owner and are trained to go to the toilet on command and so are unlikely to foul in a public place • Most are instantly recognisable by the harness or identifying dog jacket they wear.

Will someone please give him the sack...?

Merry Christmas to all cabbies from The Badge

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ROUGH JUSTICE

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TfL’s sham independent appeals panel for TPH drivers witnessed firsthand

or email:

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JAKE PAUL AND TOMMY FURY FEUD

NO TO E-TAXI BUS LANES

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Issue 291 December 2023 / January 2024 BOXING DAY CLASSIC THE GREAT ESCAPE

MAKE KE IT A SPE PECIAL

TAXI A DRIVER?

HAD AN ACCIDENT?

Our 12 day yuletide wishlist for TfL Page 3

0203 488 8000

HRIST STMAS AS AND NDY! Y! CHRI We wish you all a Merry Christmas Thank you for your ongoing support and business.

INSIDE

More trade stories than all the others put together WE QUIZ TFL OVER LICENCE HEARINGS

COULD CURB CHARGING BE A GAME CHANGER?

Issue 290 November 2023 ALL EYES ON SAUDI BOXING LINE-UP

TAXI DRIVER?

HONOURING THE FALLEN

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Poppy Cabs do them proud Pages 4&5

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More trade stories than all the others put together UBER MUST PAY DRIVERS NEARLY 850K EUROS

VETERANS AND CABBIES HIT THE RACE TRACK

Issue 289 October 2023 FURY: NGANNOU BIGGER TEST THAN USYK

LCDC CAMPAIGN HAS WOLVES ON THE RUN BUT WHY DID IT TAKE US TO FIX IT RATHER THAN TfL?

TAXI A DRIVER?

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CABBIE’S HADRIAN’S WALL WALK FOR CHARITY

TAXI DRIVER? We’ll deliver you a replacement LEVC today!

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INCREASE FOR TFL STAFF, BUT TAXI TRADE SNUBBED

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Issue 285 April 2023

WHAT HAS VISION FOR CYCLING ACHIEVED?

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Issue 284 March 2023

LONDON IS NO CITY FOR YOUNG WOMEN...

HOW ARE OUR LICENCE FEES SPENT

BY TFL?

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TfL PROPOSAL DISMISSED AS ‘FAKE NEWS’ BACK IN 2018 BACK ON THE MENU?

We wish you all a Merry Christmas

More trade stories than all the others put together

More trade stories than all the others put together

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Issue 283 February 2023

BEECH STREET TO GO ELECTRIC

THE SOARING COST OF TAXIS

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Issue 286 May 2023

THREE PAGE HEATHROW TAXI WORK GUIDE

VETERANS’ DUTCH TRIP WITH TAXI CHARITY

INSIDE

TAXI DRIVER?

More trade stories than all the others put together

STEVE BUNCE’S BOXING ROUND-UP

TAXI DRIVER?

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FIVE FIGHTS WE’D LIKE TO SEE IN 2023

SADIQ KHAN BRACES FOR ULEZ SHOWDOWN

TAXI CHARITY’S NORMANDY VETS TRIP

Issue 287 July 2023 BAD NIGHT FOR JOSH TAYLOR IN NEW YORK

Pages 4&5

TAXI DRIVER?

HAD AN ACCIDENT? We’ll deliver you a replacement LEVC today!

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LCDC CONVENES TRADE SUMMIT

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LONDON CABBIES TO ROW THE ATLANTIC

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ULEZ TO EXTEND ACROSS LONDON

Issue 282 December 2022 / January 2023

INSIDE

More trade stories than all the others put together

EDDIE NESTOR IS BACK IN THE BADGE!

VETERANS AND CABBIES AT HAGUE RECEPTION

0203 488 8000

Issue 288 September 2023 JOYCE READY FOR ZHANG REMATCH

SUPREMELY INDIFFERENT? LCDC QUIZZES TFL OVER LACK OF ACTION ON UBER EMPLOYEE COURT DECISION

TAXI A DRIVER?

HAD AN ACCIDENT?

0203 488 8000

17

Issue 291 December 2023 / January 2024

AS AN L.C.D.C MEMBER YOU WILL RECEIVE: n 24 HOUR DUTY SOLICITOR EXCLUSIVE TO THE CAB TRADE Your 24 Hr duty solicitor hotline membership card.

Peace of mind 24 hrs of the day. n LEGAL COVER Our fantastic team of City Of London based solicitors and barristers, experts in Hackney Carriage and road traffic law. n COMPLAINTS AND APPEALS As a member of the LCDC, we will deal with any complaint that has been made against you by members of the public.

Also we will attend the LTPH with you on any personal appeals that would affect your licence. n HEATHROW AIRPORT REPRESENTATION With our reps at the airport working

hard on the trade’s behalf for a fairer, and more safer future at Heathrow. n RANKS AND HIGHWAYS The LCDC attend the Joint Ranks committee, working hard for more ranks and more access for the taxi trade in London. n CAB TRADE ADVICE All members can call the office for any information or up to the date news on any trade related subject. n TRADE’S FUTURE The Club worked tirelessly in bringing in the green & yellow identifiers to the taxi trade.

And are always working hard to protect our future. n CAB TRADE REPRESENTATION We are working hard to work with members of the GLA and also politicians to fight our corner against TFL and was a major influence in the recent “ future proof” document. n VEHICLE MANUFACTURERS The Club works alongside LTC and Mercedes to deliver a vehicle that meets

our standard as a London taxi driver.

Recently we have held meetings to work against the ULEZ strategy and the introduction of taxi age limits. n CLUB PROTECTA To help drivers who have acquired twelve points keep their licence.

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18

Issue 291 December 2023 / January 2024

Alan’s Angle COMING SOON THE NEW EUSTON STATION RANK For some time now the eastern gardens at Euston Station have had a lot of building work going on, after demonstrators protesting about the trees being cut down were evicted. The were being cut down so Network Rail could build us a new rank, as the one in the Western Garden is going in 2024 for the station upgrade and HS2.

Last week the cabs rank committee and TPH were invited down to take a look at the new rank and also give the new sensors that are underneath the tarmac a test run. On entering the new rank from Eversholt Street you get to set down on a nine cab set down point.

We have been warned that there will be cameras in Eversholt Street ready to issue PCNs to any cabs that try and over rank waiting for space on the rank.

After you set down you can either join the rank or exit out onto Euston Road, where we will be able to turn either left or right onto Euston Road.

Also as there are two lanes - we might be able to get more taxis out causing less congestion and not pushing the meter up as it can in the western gardens rank.

We have not lost any rank places on the changeover which is another positive as at the start Network Rail wanted to cut our rank space considerably. That then left us trying to get extra rank space on Eversholt Street that Camden Council was totally against - they are not fans of the taxi trade.

The pick up bays are very passenger friendly and better designed for us, as there are no fences. With eight pick up bays, we will be able to load up a lot more quickly than we can at the moment.

But that will only be beneficial if we get a decent green time out of the rank and onto Euston Road.

There will also be dot matrix signs put up on the approach to the rank in Eversholt Street, Upper Woburn St and hopfully ones on Euston Road east and west on approach to the station.

These will be able to inform you if the rank has spaces free or full - the rank has underground sensors that will track taxis round the rank and is able to relay that information to the dot matrix signs on all approaches.

Now this sounds like a lot of plus points but there is one big but and it is quite a large but. The only way to access the rank is via Eversholt Street, so coming from the west will mean a diversion into Gower Street

and then round to Upper Woburn Street or a left turn into Charlton Street and then cutting through to Eversholt St. This option will not be available to us on Fridays due to the market closing the road off.

Don’t think the residents are going to be happy with the amount of taxis cutting through Charlton Street

though. So let’s see what happens next year, hopefully it opens smoothly with no problems.

Images: bottom left - the set down area. Below right: head of the pick rank Bottom: At the exit, we will be able to go left or right on Euston Road

Issue 291 December 2023 / January 2024

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With a selection of 18 to 71 plates available to buy today, please call our used specialist Craig Jackson or talk to any of the team on 07923 236 384 to find out more.

19

21

Issue 291 December 2023 / January 2024

Waymo met with minister In the recent King's speech, there was a bill to regulate the use of automated vehicles on our roads and other public places. It also made provisions in relation to vehicle automation.

With this in mind and always trying to be more proactive and not reactive, the LCDC conducted a ministerial meeting search submitting a FOI request. Lo and behold we find that a meeting took place in April this year with Transport Minister,

Jesse Norman and American autonomous driving tech company, Waymo.

Waymo are a subsidiary of Alphabet Inc, who just happen to be the parent company of Google. The meeting notes make very interesting reading indeed.

The top of the list in discussions was " Fully Autonomous Ride hailing service". Waymo also detailed their current service in Phoenix which is fully open to members of the public for them to use.

But this is the interesting part, in Phoenix, Waymo recently announced a partnership with.....yes, you've guessed it, Uber.

Obviously driverless vehicles in London are not immediately imminent, though when they do make an appearance we can confidently predict the first type of service.

With the licensed taxi ability to ply for hire, use designated ranks, have direct contact with our passengers without the need of a smartphone, you really have to question the long term future of small to medium PH Operators or indeed, PH drivers?

Once these driverless cars get the green light, why would UBER need the drivers, it looks here like they are already planning their future strategies and you have to ask why anyone sees a future as a PH driver.

Driverless cars were the future but now the truth is out: they’re on the road to nowhere Developing driverless cars has been AI’s greatest test.

Today we can say it has failed miserably, despite the expenditure of tens of billions of dollars in attempts to produce a viable commercial vehicle.

Moreover, the recent withdrawal from the market of a leading provider of robotaxis in the US, coupled with the introduction of strict legislation in the UK, suggests that the developers’ hopes of monetising the concept are even more remote than before.

The very future of the idea hangs in the balance.

The attempt to produce a driverless car started in the mid00s with a challenge by a US defence research agency, offering a $1m prize for whoever could create one capable of making a very limited journey in the desert.

This quickly turned into a race between various tech and car companies (OEMs, as they are

now known – original equipment manufacturers) to produce what they thought would be the ultimate cash cow: a car that could operate in all conditions without a driver.-Right from the start, the hype far outpaced the technological advances. In 2010, at the Shanghai Expo, General Motors had produced a video showing a driverless car taking a pregnant woman to hospital at breakneck speed and, as the commentary assured the viewers, safely. It was precisely the promise of greater safety, cutting the terrible worldwide annual roads death toll of 1.25m, that the sponsors of driverless vehicles dangled in front of the public.

And that is now proving their undoing. First to go was Uber after an accident in which one of its self-driving cars killed Elaine Herzberg in Phoenix, Arizona. The car was in autonomous mode, and its “operator” was accused of watching a TV show, meaning

they did not notice when the car hit Herzberg, who had confused its computers by stepping on to the highway pushing a bike carrying bags on its handlebars.

Fatally, the computer could not interpret this confusing array of objects.

Until then, Uber’s business model had been predicated on the idea that within a few years it would dispense with drivers and provide a fleet of robotaxis.

That plan died with Herzberg, and Uber soon pulled out of all its driverless taxi trials.

Now Cruise, the company bought by General Motors to spearhead its development of autonomous vehicles, is retreating almost as rapidly. The trigger was also an accident, which by chance proved not to be fatal but caused serious injuries. In October, a woman crossing a road in San Francisco was hit by a humandriven car and knocked into the path of a Cruise robotaxi.

Instead of stopping, the robotaxi

drove over the pedestrian because it had been programmed to pull over to the right when confronted with an unknown situation. She survived but will clearly be in line for massive compensation.

Since then Cruise has been in full damage-limitation mode.

After initially holding back details of what happened, it soon withdrew its robotaxis in all US cities and its CEO quit. It was revealed that vehicles were not even driverless, since the cars had been remotely controlled with interventions by operators about every four or five miles.

There are now mass redundancies and the future of the development is uncertain.

Tesla is also in defence mode.

It has long marketed its driver aid software as “full self-driving”, but it is nothing of the sort.

Drivers must stay alert and ready to take over, even though the car can operate itself much of the time, particularly on motorways. In the US, where there have been numerous

accidents with Teslas in “full self-driving” mode, the manufacturer is facing several lawsuits.

In the UK, Tesla will fall foul of the legislation introduced into parliament last month, which prevents companies from misleading the public about the capability of their vehicles.

That is why it is clearly a misplaced priority on the part of the government, headed by tech bro Rishi Sunak, to put forward a bill on autonomous vehicles while sidelining plans to reform the railways or legislate for electric scooters, which are in a legal no man’s land. The future may well not be driverless cars, and meanwhile there is a transport system in desperate need of attention.

Christian Wolmar is the author of Driverless Cars: On a Road to Nowhere, published by London Publishing Partnership Extract courtesy of The Guardian

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Issue 291 December 2023 / January 2024

Gunners & Gooners - cabbie’s fan’s view is a perfect present!

Hi Everyone, My name is Eddie Symes and I have been a licensed London taxi driver since 1977, mainly working at Heathrow Airport where I was given the nickname "Arsenal Eddie".

I have been a member of the LCDC since the early 1990s and was on the Committee representing Heathrow drivers some years ago.

I have been an Arsenal fan since 1957 aged 8 and during Covid i decided to write a book about my life following Arsenal at home and also in Europe.

My book "Gunners and Gooners" was first published in March 2021 and has received many great reviews. It is written from a fan’s perspective with many funny stories and anecdotes and will bring back fond memories and an insight to younger football fans into just how different football was before it became the "Premiership".

If you are a Gooner or someone in the family supports Arsenal, this would make a fantastic Christmas present (better than socks) and is available online at Waterstones, Amazon or Kindle. I am usually found at Heathrow Airport and have copies in the taxi but my email is below and you could also contact me directly and I could sign it personally to make it a bit more special.

To buy a copy personally signed use the email address below Oldgunnersandgooners@gmail.com

23

24

Issue 291 December 2023 / January 2024

Heathrow Meeting with ORC (Other Regulated Costs) Team 6th December 2023 TfL Consultation - Review of taxi (black cab) fares and tariffs 2023.

This is the representation submitted by Heathrow Airport Limited on the 17th November 2023.

Heathrow welcomes the opportunity to feed into the TfL review of taxi fares and tariffs. Heathrow’s key interest lies in the extra charge that TfL will allow taxi drivers to charge passengers they pick up from taxi ranks at Heathrow. This contributes towards the cost of using the taxi feeder park which is operated by Heathrow. Our response sets out Heathrow’s understanding of the TfL proposal, how the taxi feeder park is priced, Heathrow’s position on what the extra charge should be and how we can work with TfL to ensure this is as up-to-date as possible. Our response also sets out our position on continuing to allow taxi drivers to pass on the terminal drop-off charge to passengers being dropped off at Heathrow forecourts.

Heathrow extra charge TfL proposal for Heathrow extra charge Heathrow understands that TfL allow taxi drivers to pass on about half of the taxi feeder park cost at the time of setting the taxi fare for the following year. For example, the 2022 taxi feeder park cost was £7.20 so TfL set the Heathrow extra charge for 2023 at £3.60. The 2023 (current) taxi feeder park cost is (coincidentally) £3.60 which has resulted in TfL proposing the 2024 extra charge at £2.00. The current taxi feeder park tariff charged

by Heathrow has reduced to factor in the over-recovery in taxi feeder park revenue, since demand recovered more quickly than anticipated from the pandemic. It does not necessarily reflect the true cost of operating the taxi feeder park in any given year. The 2024 taxi feeder park cost has not yet been confirmed, with more details below.

Taxi feeder park pricing As a regulated business, the taxi feeder park falls under Other Regulated Charges which Heathrow is not allowed to make a profit or loss from operating. Each year, we go through a monitoring, forecasting, calculation and consultation process to set the price for the following year.

This usually takes place in the latter part of the year and is commencing in November 2023 to set the price for 1 January 2024 to 31 December 2024.

Heathrow would like to keep TfL updated on this process and suggest the 2024 price is considered when setting the 2024 extra charge taxi drivers can charge at Heathrow.

Heathrow’s position on the Heathrow extra charge

Airport matters

by Mark White Heathrow’s position is that taxi drivers should be able to pass on the full cost of the current taxi feeder park to passengers, rather than half of the previous year’s taxi feeder park cost.

This would ensure that taxi drivers can make a fair and consistent profit from Heathrow journeys rather than one that varies from year to year as the taxi feeder park and extra charge are out of sync.

Heathrow is obliged to consult on future tariffs for the taxi feeder park and will be concluding this process before the end of 2023. Until this has been completed, we are not able to confirm the 2024 taxi feeder park price.

Terminal drop-off charge The Heathrow terminal drop-off charge (TDOC) is not specifically mentioned in the consultation document, so it is assumed that taxi drivers will continue to be able to pass this on to passengers they are dropping off at Heathrow forecourts.

Heathrow supports the continuation of this to ensure taxi drivers are not penalised and the benefits of TDOC are maintained in terms of modal shift to public transport and the wider impact this has on decarbonisation, air quality and congestion.

APCOA agent takes vehicles details to activate cancelled fee for TDOC Arrive at next terminal TDOC camera picks up registration TDOC payment requirement cancelled by APCOA ‘cancelled fee’ data HAL have said: “What has been happening here is the system the APCOA agent puts the ‘cancelled fee’ transaction into (step 2) uploads at certain times of the day. The TDOC cameras on the forecourt upload the registrations every few minutes (step 4). If the system processes Step 4 ahead of receiving the information from Step 2 it either prompts an auto payment or a PCN for no payment seen.

There is a piece being developed which means that the Taxi exemptions will automatically go into the system to prevent this from occurring. This work is well under way and the funds to deliver this are in the process of being approved.

I am hoping we will know the attached timescales in the next few weeks as to when this will be live and will share with you once I get the update.

Appreciate it’s frustrating but hopefully you now have understanding of why it’s happening and reassurance that we have a plan to address it.”

3 - a few hundred yards away. Her passengers, who were of a different nationality, got out of the vehicle and started trying to open my locked offside door - in their frustration, one of the passengers started to bang on the side of my TX-E, shouting that they were going to miss their flight if I did not hurry up and let them in. I told the driver of the car that I could not pick up where I was and that this was a restricted area for taxis only - I was just about to tell her how to get to Terminal 3 when she told me: “I am ‘taxi’! I am ‘taxi’! Uber taxi!”

The passenger started yelling that she and her partner had been going around in circles with the Uber driver, trying to find Terminal 3, for ages. I told her that she wouldn’t be getting into my cab - that there were people waiting at the front of the rank, who wanted a taxi in front of her and then told the Private Hire Driver to move from blocking me in so that I could proceed to the pick up point - to which the passenger asked if I was refusing to take them and reiterated that they’d miss their flight if I did. I confirmed that I would not and that she should have thought about that when she chose to get an Uber instead of a proper taxi.

She then said: “So, it’s like that?”

Inter-Terminal charge

“I am ‘taxi’! Uber taxi!”

And that’s when the red mist started to rise…

LCDC also received this explanation for the Inter-Terminal charge after another charge on account for a trip between T3 and another Terminal.

This week, one evening, sitting at the back of the rank on Terminal 2, a car pulled up beside me - my first thoughts were that the driver was trying to avoid the Terminal Drop Off Charge. But then the driver gestured to lower my window and shouted that I MUST take these people to Terminal

When the woman started complaining that she would miss her plane because of me, all I could think of was all the times I had lost a fare because Uber’s driver only wanted £X and my fare was slightly more expensive; or the occasions where I had watched people being picked up and dropped

In brief the process is as follows: Dispatched from the rank to another terminal

25

Issue 291 December 2023 / January 2024

STOP PRESS:

off at Stations whilst I sat there like a lemon 🍋I don’t care if they missed their flight, anymore than they cared how we paid our bills when choosing to use an inferior service…I thought about all those emails to Assembly Members…the hours going to meetings and lobbying City Hall…about Peter Hendy, Leon Daniels, Garrett Emerson, Peter Blake and the variety of TfL officers that I have had to engage with before finding out how corrupt the system was. Boris Johnson, David Cameron, George Osborne, Matt Hancock and Rachel Whetstone, not to mention all the liars they have employed to lobby and undermine our jobs.

Just got this from Police about the Touting Operation at Terminal 4 “Summary of work completed during the 2 day Operation GADI The operation targeted taxi touts operating at Heathrow Airport. We focused and planned the operation around Terminal 4 due to a noticeable increase in taxi tout activity affecting the day to day of airport users and stakeholders alongside the distraction they caused to SGI patrollers and SPOs (landside Patrollers). This operation utilised Arabic speaking decoy officers posing as passengers arriving from abroad in collaboration with SO-AP Traffic, MO8 RTPC Cab Enforcement team & TFL.

My life for the past 10 years almost passed before my eyes!

The woman got back in her Uber and the PH driver drove off, only to then start to do a 3 point turn and was now about to hit me head on! Needless to say, she had to turn back the other way, whilst I pulled up into the now empty rank to pick up a fare someone who wanted to use taxis, not someone who only wanted me to save their day because they’d tried to save a pound note and found out it was a false economy.

Results over the two day operation; • Six arrests for taxi touting having led decoy officers to their unlicensed taxi in the short stay car park. Crime Squad officers moved in and made arrests – all charged with bail conditions not to attend the airport.

• Fifteen Traffic offence reports ranging from no insurance, speeding, tread depth to 4D VRM offences evading ANPR/HAL Forecourt charges** • One Taxi Tout is to be interviewed at a later date by RTPC officers for separate offences around PHV licencing.

• TFL reported one tout via civil remedy • One Ejection under 24hr rule.

Uber say that they want to put taxis on their platform - can you imagine how they would be undermining the service at Heathrow if we agreed?

How much would they expect drivers to charge to take passengers to destinations like Coventry when they currently charge £100 before taking 25% plus in commission from PH Drivers?

Bromley in Kent, around the M25 from Terminal 5 for £50…and that’s before they take 25%!

You’ll get £400 & 6 months commission free to work for a company which exploited PH Drivers

Overall the operation was a success only restricted by officer numbers and the availability of specialist language deployments.

and spent hundreds of thousands of pounds to fight them having any worker’s rights.

Yeah, that Uber!

Prices would be fixed at ridiculous levels so that you can pickup people who think they are entitled to treat you like a slave or throw up in your cab!

Just remember that when you go on TV asking taxi drivers to sign up for Uber!

No thank you!

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Will someone please give him the sack...?

Merry Christmas to all cabbies from The Badge Issue 279 March 2021

More trade stories than all the others put together

INSIDE

More trade stories than all the others put together

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Since the operation SO-AP officers have continued random patrols of the terminal and continue to eject those suspected of operating as taxi’s without licences and/or touting”.

ULEZ TO EXTEND ACROSS LONDON

LONDON CABBIES TO ROW THE ATLANTIC

Issue 282 December 2022 / January 2023 FIVE FIGHTS WE’D LIKE TO SEE IN 2023

More trade stories than all the others put together

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Making fares cheaper and cheaper until you drive up your own exhaust pipe, struggling to pay for your vehicle, let alone earn a living.

Issue 283 February 2023

BEECH STREET TO GO ELECTRIC

THE SOARING COST OF TAXIS

JAKE PAUL AND TOMMY FURY FEUD

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27

Issue 291 December 2023 / January 2024 A staple of Boxing Day telly for many years now, The Great Escape is one of those films, that no matter how many times I’ve seen it, if it’s on, I’ll watch it.

A great big slice of escapism (clunk!) it’s a very entertaining watch, even though over the intervening 60 years or so since it was made, it has been accused of too many inaccuracies to be taken seriously by those who know about these things. Of course, the real story shouldn’t, by any means, be taken lightly, but for the purpose of this blog, I’m concentrating on film with, on occasions, one’s tongue placed firmly in one’s cheek.

We have in effect put all our rotten eggs in one basket. And we intend to watch this basket carefully.

Among the stellar cast gathered together tomake the film , were Steve McQueen, Richard Attenborough, Charles Bronson, James Coburn (with quite possibly the worst Australian accent of all time) James Garner, Donald Pleasance, Hannes Messemer, Gordon Jackson, Hans Resier, singer ‘Johnny Remember Me’ Leyton and Angus Lennie, AKA Shughie McFee, the one-time chef in the TV soap Crossroads They were working from a script based on the book of the same name, from 1950 by Paul Brickhill, who was actually part of the real X Organisation at the real Stalag Luft III camp. The book relates the story of the mass escape by British and Commonwealth prisoners from the POW camp which was based in Zagan in Poland.

Later, for the purposes of selling the film to US audiences, the producers and director ‘upped’ the American presence. That director was John Sturges, who’s previous work included Gunfight at the O.K. Corral and The Magnificent Seven. The Great Escape was made at the Bavaria Film Studio, and it’s now iconic soundtrack was by Elmer Bernstein, whose main title is now of course often heard at England football matches.

Perhaps we’re being too clever. If we stop all the breakouts, it will convince the goons we must be tunneling.

Set in 1942, it details how the Germans had built a maximum security ‘escape proof’ camp run by Oberst Von Luger. It was full of many who had previously tried to escape on numerous occasions before and who saw it as their duty to cause as much havoc as possible, even whilst incapacitated. The escape committee was headed by Big X, Roger Bartlett played memorably by Dickie Attenborough.

‘Colonel Von Luger, it is the sworn duty of all officers to try to

escape. If they cannot escape, then it is their sworn duty to cause the enemy to use an inordinate number of troops to guard them, and their sworn duty to harass the enemy to the best of their ability’ Many of the detained had special skill sets, which are to be put to use before, during and after the escape. There is Hendley the ‘scrounger’ nicely handled by James Garner. He provides all manner of useful contraband, including identity papers which, are copied by Colin Blythe, brilliantly portrayed by the always impressive Donald Pleasance, who during the real War had spent a year in the real Stalag Luft 1, after

The three tunnels are named Tom, Dick and Harry .

Afraid this tea’s pathetic. Must have used these wretched leaves about twenty times. It’s not that I mind so much. Tea without milk is so uncivilized.

In the need of someone to scope the land beyond the fences , Big X asks Virgil Hilts, a serial escaper played by Steve McQueen to escape one more time, but then get captured, and bring back the info. required.

McQueen, at first, refuses the request Wait a minute. You aren’t seriously suggesting that if I get through the wire… and case everything out there… and don’t get picked up… to turn myself in

plan to escape in the March of 1944. And so eventually, the escape begins, even though they quickly discover the end of the tunnel, is short of entering the woods. Still, seventy-six prisoners make it out, guided out in the trees, by Hilts.

Hold on to yourself, Bartlett.

You’re twenty feet short.

The various escapees are then seen wandering around the streets, railways stations, and the countryside in uniforms and street clothes made by Griffith the tailor in the camp, all looking for a way out and to freedom.

Hilts is seen riding a stolen motorcycle, just keeping in front of a mob of Germans on his tail.

Memorably, he attempts to

A Boxing Day staple! being shot down serving with the RAF. Digging the tunnels are the claustrophobic Danny, played by Charles Bronson, who in real life developed the same illness whilst working down mines as a child and Willie, played by John Leyton.

Eric Ashley Pitt played by David McCallum comes up with the idea of redistributing the earth dug from the tunnels, back into the compound of the camp, via bags down the trouser legs of the prisoners. The technical advisor on the tunnels was Royal Canadian Air Force pilot Wally Floody who was the reallife tunnel king The plan is to release 250 men, through tunnels into the countryside, going under the fences erected to keep them in.

and get thrown back in the cooler for a couple of months so you can get the information you need?

With tunnel Tom the furthest forward, all efforts are concentrated to complete it.

Only, in the middle of a moonshine driven, 4th of July celebration, led by McQueen and Garner, Tom is discovered.

Ives ‘The Mole’, played by Angus Lennie, loses his mind in despair and starts to climb the barbed wire fence in despair, and is shot dead in a memorable scene.

Oh my God, they found Tom. Hilts, seeing his little pal killed, immediately changes his mind and offers to go out and then come back with what they need to complete the job. Tunnel Harry is re-activated, and they

jump a couple of barbed wired obstacles, coming a cropper among the second one. In real life, insurance concerns prevented Steve McQueen from making the jumps on camera, so the stunt was performed by his pal Bud Ekins, who later revealed that McQueen did in fact do the jumps for fun, in rehearsals.

Are all American officers so illmannered?

Actually, I’ve often thought that one year, some clever technical person could splice a new bit of film into that section, showing a rider, who looks the spitting image of McQueen, actually clearing the second barrier and riding off to freedom. I can just see the faces now, of those sitting eating their turkey

sandwiches watching in utter disbelief as he does so.

Elsewhere, Ashley Pitt sacrifices his own life to save Bartlett by being gunned down at a railway station, and Gordon Jackson’s character McDonald lets his guard down by saying ‘thank you’ in English as he later boards a bus with Bartlett and a chase ensues. Hendley and Colin try to get airborne in a small stolen airplane, but are shot down I can’t see a bloody thing!

Forty eight of those recaptured are then shot and killed by the Gestapo by way of an example, should any other prisoners be thinking of doing the same. In the end, only three make it away. The tunnellers Danny and Willie row a boat downstream and end up on a merchant ship bound for Sweden and James Coburn as Sedgwick, still confusing all with his accent, is taken by the French Resistance to Spain.

I haven’t seen Berlin yet, from the ground or from the air, and I plan on doing both before the war is over.Hilts is returned to a solitary confinement cooler and the hypnotic bounce of his baseball can be heard over and over again.

It looks, after all, as if you will see Berlin before I do.

At the time of its release, some, but not all of the critics were sniffy about the film.

New York Times critic Bosley Crowther – ‘The Great Escape grinds out its tormenting story without a peek beneath the surface of any man, without a real sense of human involvement. It’s a strictly mechanical adventure with make-believe men’ Time magazine – ‘The use of colour photography is unnecessary and jarring, but little else is wrong with this film.

With accurate casting, a swift screenplay, and authentic German settings, ProducerDirector John Sturges has created classic cinema of action. There is no sermonizing, no soul probing, no sex. The Great Escape is simply great escapism.’

Well, whatever the critics thought, the public paid no mind to most of it, as The Great Escape earned $11.7 million at the box office, from a budget of $4 million on its way to becoming one of the highestgrossing films of 1963.

Oh, and if you see Steve McQueen get away one Boxing Day, remember it was here, where you heard about that first.

The Mumper of SE5 Read The Mumper’s other weekly musings on the The Speakeasy Blog page

28

Issue 291 December 2023 / January 2024

UNIFY APP - STRONGER TOGETHER

In November 2023 London cab driver Micky Harris received the Prime Minister’s Point of Light award for creating the taxi hailing app Unify

taxis hired in this way very expensive. This then makes alternative rides seem cheaper in comparison. These excessive costs are a scourge on our reputation as hard-working honest Taxi drivers, for it is our face the customers see and exactly where they lay the blame. This must stop and our reputation needs to be re-instated for the benefit of all.”

What drivers need to know.

The Unify London App has no surge pricing, no hidden fees, and no cancellations.

The cab is hired from the hail, meaning the cab driver receives the full fare.

London taxi driver, Micky Harris has been recognised by the Prime Minister’s Office and Rishi Sunak for his exceptional contribution to society and awarded the Point of Light award. His Unify app was designed to fill a much-needed gap in the taxi trade that would ensure drivers received the full fare and customers were not subject to surge pricing. And at its heart Micky was determined that the Unify app would bring the Taxi trade together and make it stronger while becoming a profitable business that would donate its profits to charities.

Unify is the only platform operating fully within TfL & Hackney Carriage pricing structures.

The Unify App launched in April 2023 and drivers signed up in their hundreds. Micky’s business plan expected to reach 2000 drivers by April 2024, but he achieved that goal in only 4 months, nearly 8 months early. There are now almost 3,000 drivers and the aim now is to get this figure to 5,000 by the end of the first year.

London Cab Driver and Unify App owner Micky Harris said, “Firstly, I would like to start by thanking the thousands of drivers who signed up with Unify after we launched back in April 2023. Considering how we have all been treated by Apps and platforms in the past it is very heartwarming to see these numbers. Evidence that we are all aware of the role apps will play in the future. We see it every day, customers with their faces in a phone ordering a ride, even as an available Taxi is driving past. Once ordered, they then just wait for their ride to arrive. We need to be in their phones for them to use, or we will continue to decline in their search for a safe reliable journey. “ “We are delighted that our drivers understand that our priority remains to sign up enough drivers to be able to cover the jobs across the capital.

Once we have reached our driver targets, we can push ahead on recruiting customers. There are however lots of jobs coming through and the majority are being picked up and we need to make sure that drivers are keeping the app on in the background.”

The development of the app has been a full-time job for Micky. Since

Profits from the App will be used to support the Taxi Charity for Military Veterans, The London Taxi Drivers’ Charity for Children, The Albany Taxi Charity, and the Magical Taxi Tour. Other major charities will also benefit too.

Unify London Taxis is owned and run by a multi-generational cabbie family. There are no investors or shareholders.

the launch it has been a continuous process to adjust the functionality of the platform and release new versions on a regular basis. The feedback from drivers has helped the team decide where the app needs a tweak and what will make it more user friendly. There is still a way to go and like all tech it will be upgraded on a regular basis for the foreseeable future.

Micky continued, “It is my strong belief that Apps will be the saviour of the Taxi trade, leading to an evergrowing fleet, as we expand once more to cover the needs of the people. It must, however, be the right App. One that does not exploit its users, be they drivers, passengers, or corporate customers. We must ensure that

the heavily regulated metered fare forms the basis of what the driver is paid and what the customer is charged. The regulated booking fee is more than enough to run the operating system and technology.

Our numbers are proving this to be the case and we are prepared to continue this business model into the future. We cannot foresee the need to change this, and we remain within both TfL and Hackney Carriage pricing structures. This way both customers and drivers can be assured that they are always paying and receiving the correct fares.”

“Other platforms charging high percentages of the drivers fare and raising customer booking costs in one guise or another are making

What customers need to know.

All the drivers are fully licensed regulated taxi drivers.

We accept fares to and from all airports.

We operate throughout Greater London and wider regions 24/7, 365 days of the year.

Once a ride is accepted our drivers won’t cancel.

The customer is never charged more than the regulated booking fee.

The fees are clearly shown on the app when ordering a taxi.

There are no hidden charges.

Micky Harris said, “What we need now is for every cab driver to sign up to the Unify app, it doesn’t cost you anything to be part of this. By working together, we can all achieve so much more in life. I truly believe that we are all Stronger Together and the Unify App will give us the unity we need to succeed.

This is the only way the app can work, and we will stave off an attack from other larger platforms.”

To find out more about the Unify London App visit www.unifylondon.com

L.C.D.C: LEADERS NOT FOLLOWERS

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