Brighton And Hove Taxi Reps To Meet With Lewes DC Over Uber Advising Drivers To Use Easy Option In Lewes.

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I have another meeting with Lewes DC next week along with Sean Ridley of Unite and George Beresforth ..Independent rep

This was my original statement to Brighton & Hove HNews which I fully expected to be edited down: 

We are very pleased that Lewes District Council has now taken steps to bring the conditions of licensing for LDC hackney carriage and private hire vehicles.

Background

As the conditions of Brighton and Hove licence vehicles are much higher than that of Lewes DC, Uber was giving recruiting information on its website by providing the comparison of time and costs to obtain licences between Brighton & Hove and Lewes DC to be able to work in Brighton & Hove. 

Brighton & Hove

Total estimated cost of obtaining a PHDL: £1112

Total estimated time to obtain a PHDL: 40 weeks

Total estimated cost of obtaining a PHVL: £134

Total estimated time to obtain a PHVL: 2 weeks

Lewes

Total estimated cost of obtaining a PHDL: £422

Total estimated time to obtain a PHDL: 8 weeks

Total estimated cost of obtaining a PHVL: £186

Total estimated time to obtain a PHVL: 2 Weeks

This is due to Uber in creating ‘Mythical Uber Regions’ in an attempt to calve up the UK and to reinvent the UK Licensing Authority areas by dividing the UK into nine ‘ Mythical Regional’ areas. This can only be seen as an attempt by Uber to create extraordinary larger licensing areas to try to change national Legislation via ‘Uber Stealth’. 

Brighton & Hove is in the ‘ South East Uber Mythical Region’ and Uber is encouraging out-of-town hackney carriage and private hire vehicle’s such as those from Lewes DC to predominantly work in Brighton & Hove

The difference in the standards required was put to the Licensing Panel at the Brighton & Hove Uber Renewal Hearing in April 2018 by the GMB and referred to by the Panel when the Uber representatives were questioned as to why its website looked as if it was encouraging drivers to obtain a licence in Lewes DC to predominantly work in Brighton & Hove.

A meeting between myself and the Unite representative Sean Ridley on April 18 2018 with Lewes DC raised the issue of Lewes DC being used as the lower end of licensing requirements for drivers who have no intention of ever working in Lewes DC because of the lower Conditions of Licensing

This is the result of the Deregulation Act 2015 which allowed what is known as ‘Cross Border Hiring’ which has been exploited by the likes of Uber to use drivers and vehicles from licensing authorities which have lower standards of licensing requirements to predominantly work in areas that have much higher standards. This is exactly why cities such as Brighton & Hove have been flooded with out of town private hire drivers/vehicles from places such as Reigate & Banstead, Sefton and Wolverhampton. Wolverhampton is by far the worst culprit having issued some 7500 + licences in 2017 compared to a mere 700 in 2014.

What will now happen is that ring fenced licensing revenue from those Licensing Authorities f higher conditions of licensing will now drop as cheaper and fast track licensing will be sought from councils with lower requirements.

In fact in 2017 Uber attempted to lower the standards of the licensing requirements of Brighton & Hove City Council in the removal of the ‘Knowledge test’ as the Uber legal representative stated that the use of SatNavs was in fact better. Fortunately the local councillors put Uber straight on the this and refused the proposal.

At the time of our meeting with Lewes DC we were told that there was a backlog of around eight weeks as council had been flooded with applications for licences since Uber had given out information that it was cheaper and quicker to obtain a licence there rather than in Brighton & Hove if the intention was to predominantly work in Brighton & Hove.

However at the time our meeting with Lewes DC we were informed that the current ‘Conditions of Licensing’ were now being looked at with the view for a complete overhaul and this could not come soon enough.

Historically Lewes DC would only have a few driver & vehicles applications a week but this took a dramatic upturn since that announcement on the Uber website resulting in the backlog and we can express some sympathy for Lewes DC as it has been exploited by Uber for its own cause.

Because of the flood of Lewes DC vehicles predominantly working in Brighton & Hove over the last few months the Brighton & Hove trade have has supplied Lewes DC with countless reports of its licensed vehicles not complying with the current ‘Conditions of Licensing’ where the driver/proprietor and even the council itself have breached its own Conditions of Licensing.

We have had to alert Lewes DC about ‘Dual Plating’ whereby the council does not allow a vehicle to be licensed in one area as well as in Lewes DC which the council contravened. 

Additionally we had to alert the Lewes DC about issuing a licence plate to a saloon vehicle that stated it was licensed to carry 5 people where this was clearly wrong along with Lewes DC drivers removing signage for whatever reasons.

Currently there are numerous Lewes DC hackney carriage and private hire vehicles showing expired licence dates on the vehicle plates

Effectively the Brighton & Hove trade has become the unpaid policing of Lewes DC private hire and hackney carriage vehicles.

However after months of the trade lobbying both Lewes DC and Brighton & Hove City Council we are pleased that Concordant Arrangements have now been put in place which means that the Brighton & Hove Enforcement Officers who make regular checks on the local licensed vehicles now have the power to carry out the same inspections on Lewes DC drivers and vehicles. We will now monitor the costs of this to ensure that the Brighton & Hove trade will not be paying for Brighton & Hove Council to be the exclusive Enforcement body of Lewes DC drivers and vehicles.

We are pleased that Adur DC have also granted the council with the same ‘Enforcement’ powers on Adur licensed vehicles but unfortunately other licensing authorities have refused to do the same.

Lewes DC Revision of Licensing Conditions

It is now very encouraging that Lewes DC appear to be taking responsibility in instigation a revision of the Conditions of Licensing. However we are greatly concerned where it has been reported that:

“The penalty for prospective taxi drivers found cheating on a knowledge test is also set to increase, with the introduction of a three-year ban. Currently a prospective driver found cheating on the test will be barred from re-taking the test for one year only.”

Just that statement alone puts Lewes DC in a concerning perspective.

Surely any potential driver of a Lewes DC licensed vehicle that has been “...found cheating on a knowledge test..” should be banned for life as that person is supposed to be ‘Fit and Proper’ to hold a licence to have the full responsibility for the wellbeing and safety of the public. Indeed it hardly compliments any licensed Lewes DC driver as no one will ever know if such a driver had previously tried to cheat the system.

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Judge who upheld Julian Assange's warrant questioned over links to security services

Julian Assange's supporters are questioning the integrity of the judge who upheld his UK arrest warrant, accusing her of being influenced by the British authorities and the secret service.

Earlier this week, Judge Emma Arbuthnot rejected arguments presented by Assange’s legal team over why he breached bail conditions by seeking political refuge at the Ecuadorian embassy in 2012.

Judge Arbuthnot said she rejected the activist's request to have his warrant dropped out of fear that he could be extradited to the US, where he would face espionage charges. Since there is no extradition treaty between the UK and Ecuador, Assange cannot be arrested inside the embassy’s grounds.

After the ruling, the judge’s familial connections were brought into question by Assange’s supporters, some of whom insist she is linked to the establishment, as well as the UK’s security services.

Arbuthnot’s husband - and ex-Conservative MP - Baron James Arbuthnot is listed as a former director of Security Intelligence Consultancy SC Strategy Ltd. The other two listed directors are former Head of MI6, Sir John Scarlett and Lord Carlile.

The connections have outraged Assange supporters, who insist the legal system is stacked against the man that leaked evidence against the US, as well as former Secretary of State Hillary Clinton during the 2016 presidential election.

Fans of Assange took to Twitter to express their outrage.

Former British Ambassador Craig Murray posted the judge's connection on his website and accused the media of spreading fake news for not pointing out the connection.

“If anybody thinks the Assange case had anything to do with justice, they are very mistaken," Murray wrote.

Carlile and Scarlett formed the company SC Strategy in 2012, with their most prominent client being Qatar’s sovereign wealth fund.

Liberal Democrat peer Carlile told the Guardian his company provides confidential advice to several clients from around the world. In October 2013, confidential documents released by whistleblower Edward Snowden listed Carlile as part of GCHQ’s strategy of “talking heads,” advocating for the agency ahead of a key report on the use of intercepted evidence in court cases. Carlile later argued that Snowden’s revelations amounted to a criminal act.

Handing down her judgment at Westminster magistrates court, Senior District Judge Emma Arbuthnot said: “I find arrest is a proportionate response even though Mr. Assange has restricted his own freedom for a number of years."

“Defendants on bail up and down the country, and requested persons facing extradition, come to court to face the consequences of their own choices. He should have the courage to do the same. It is certainly not against the public interest to proceed," Arbuthnot added.

    

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LTDA give evidence to police in relation to claims that ex-Uber General Manager “misled” the High Court

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The Licensed Taxi Drivers Association have submitted evidence to police officers today in relation to alleged claims that Uber’s ex-employee Jo Bertram ‘misled’ a High Court. The interview with the Metropolitan Police Homicide and Serious Crime Command was conducted in front of the LTDA’s legal representatives and focused on alleged false information given by Uber’s then regional general manager for Northern Europe Jo Bertram. The false information was claimed to have been given during a High Court ruling involving the classification of Uber’s ‘meter’ back in 2015. Lord Justice Ouseley ruled that the ride-hailing app was not to be classified as a taximeter and that the app should be ruled legal in the capital. Had they lost the case brought forward by the regulator Transport for London the firm would have had no choice but to change its service as only licensed taxis are able to use taximeters. The LTDA first made a complaint in September 2017 when Uber lost its operators licence in London.

According to an LTDA spokesperson “It became clear from Helen Chapman’s statement over TfL’s refusal to licence Uber that TfL thought Jo Bertram either did not know how Uber’s app worked or misled the court in the meter case.”The Metropolitan Police have waited until now, after Uber’s recent successful licensing appeal decision, to interview LTDA General Secretary Steve McNamara. Steve McNamara said “During the police interview officers requested copies of evidence from the meter case, the record of Judge Arbuthnot comments and a statement from me laying it all out. LTDA solicitors were present during my interview.”The LTDA General Secretary added “The next step is that Police submit preliminaries to CPS to see if there is prima facie case and to get the go ahead to carry on.”

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Tighter regulations could be put in place to slow down the influx of Uber drivers in Brighton and Hove

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Uber drivers who get licensed in Lewes could soon be required to fit CCTV cameras in their vehicles. Many want-to-be Uber drivers seek private hire licences from Lewes District Council and work in Brighton due to the ease of obtaining a licence there. An eight week consultation will now take place addressing potential changes to regulations in order to improve passenger safety. Brighton has seen an influx of Uber drivers with Lewes licences since the controversial ride-hailing app encouraged potential drivers to seek the quicker and easier route to a life behind the wheel of a Toyota Prius (other models are available). The consultation will include Hackney Carriage drivers who will also be required to fit CCTV if the new proposals are approved. Other issues being raised in the consultation will focus on which types of vehicles should be driven by private hire drivers, electric and modern hybrid engines in-particular. The question on whether drivers should attend training sessions on diversity, disability awareness and child exploitation and safeguarding will also be raised. Brighton and Hove taxi drivers staged a protest in Lewes back in March over Uber pointing future "partners" in the direction of Lewes District Council to obtain a licence, stating it as "quicker and cheaper" than it would be to access one directly through Brighton and Hove council. Secretary of the GMB Brighton and Hove taxi branch, Andy Peters told Brighton and Hove News, that the consultation and a complete overhaul of current regulations "couldn't come soon enough".

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Uber may have been issued a reprieve in London, but will it be able to keep regulators at bay in the rest of Europe

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With Uber managing to overturn Transport for London's refusal to renew their operators licence on the grounds that they weren't a fit and proper operator, you would be forgiven for thinking that Uber operating freely in the rest of Europe would be plain sailing. Well, it seems that the rest of Europe may be a more difficult nut to crack than first anticipated.

On the back of a major charm offensive, as well as capitulating to certain requirements prescribed by TfL, which included a dedicated 24/7 helpline, full co-operation with the police and limiting driver hours, Uber were granted a 15 month licence to operate in London.

This approach may not work in the rest of Europe, where only recently the European Union's highest court ruled that Uber were a transportation company.

As regulatory reforms take place in the rest of Europe, Uber will find it more difficult to operate in their current format without having to push prices up, and may have to adapt their business model to that akin of a typical European taxi operator.

In the past, Uber had attempt to circumvent numerous regulations by claiming that it was a tech platform rather than a transportation platform, however, with the EU court ruling, even countries who are hardened Uber-files will have to force Uber to comply with any given national taxi standard.

Although the London case was seen as a defeat for TfL by the taxi industry, in the rest of Europe it has been seen as the opposite, as TfL managed to extract a number of concessions from Uber, previously thought as near-impossible to do.

The costs to Uber's European operation could be heavy as they are forced to comply with numerous regulations.

Uber operate to a system which requires them to move quickly and crush the competition with low prices, thus emerging as the only player in town, this is how the Uber product is sold to investors.

Uber's pricing structure is subsidised by venture capitalists, as soon as investors pull out, prices have to rise. If the European mainland market proves too troublesome, Uber may decide to cut their losses.

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Cyclist 38 Dies After Being Hit By A TfL Licensed MiniCab On Goswell Road

http://www.islingtongazette.co.uk/news/cyclist-38-dies-days-after-goswell-road-crash-1-5602862

Cyclist, 38, dies days after Goswell Road crash.

A 38-year-old cyclist who was hit by a car in Goswell Road in the early hours of Friday has died today, police have said.

The man’s bike collided with the vehicle at the junction with Percival Street at 12.20am. He was left in critical condition and had spent the last five days in hospital.

The driver of the car stopped at the scene and has not been arrested.

Anyone who can help officers in their investigation can contact the Serious Collision Investigation Unit at Alperton on 020 8991 9555and quote CAD 97/6Jul.

Officers are particularly keen to hear from anyone who saw the crash and has it on camera.

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Exclusive : Sean Paul Day's Complaint to Judicial Conducts Investigation Office

Below is Sean Paul Day's letter of complaint to the Judical Conducts Office.

Why is it that again, an ordinary rank and file working driver has had to do what drivers are paying their respective orgs to do. 

I’m writing amidst the growing concern over what appears to be a conflict of interest where certain political affiliations might be construed as showing favour in respect of a particular company,  undermining the Chief Magistrate’s impartiality in two cases.

 

Senior District Judge (chief magistrate) Emma Arbuthnot oversaw proceedings at Westminster Magistrates court on the 6th July 2018 and Reading Magistrates Court on the 10th July 2018. The first case was brought by Uber as a matter of  appeal under the Private Hire Vehicles Act 1998 and by Reading Council in a case to determine if a driver using the Uber ‘model’ on the dates given was Plying for Hire? Both cases can be found here 

 

Case 1

https://is.gd/mFN22t

 

Case 2

https://is.gd/UuR5mA

 

The conflict arises due to Magistrate Arbuthnot’s marriage to Baron James Arbuthnotand his friendship with the former PM David Cameron. Cameron’s close relationship with individuals working for Uber in marquee positions is well documented. This is further evidenced by Uber’s close links with  the previous administration at Number 10 & 11  who now enjoy financially rewarding positions with companies who invest heavily in Uber Technologies Inc. Cameron also nominated James Arbuthnot as a Life Peer in the Dissolution Peerages List 2015 of August 2015. The concern is that JamesArbuthnot’s closeness to the former PM might compromise Magistrate Arbuthnot’s ability to apply discernment in cases involving Uber. The concern is legitimately heightened on learning the same Magistrate has presided over a second trial involving Uber and both times Magistrate Arbuthnot has ruled in Uber’s favour. 

 

Without considering the merits of both cases in detail the conflict of interest was compounded on during the Reading verdict when Judge Emma Arbuthnot on Page 4, section 14 (how the app works)…in her summary stated that it was the driver who accepts the job and only then Uber makes the booking. This is illegal act that contravenes  legislation laid out as part of the 1998 PH Regulations.

 

TfL Operator License explicitly state in their terms that a Private Hire booking can only be accepted by a licensed operator at their registered operating centre.. There is a specific duty on private hire operators to keep certain records of their operation. These include booking records which must include ‘the main destination specified at the time of the booking’ (paragraph 4(d) of the PHV (London) (Operators’ Licence) Regulations. To disambiguate, the defining characteristic of a PHVs is that it must beaccepted through an operator. The Act also references  that no person other than a Private Hire Operator (PHO) shall make provision to accept a booking.  

 

No person shall in London make provision for the invitation or acceptance of  Private hire bookings unless he is the holder of a Private Hire Operators license for London (In this Act, referred to as London is PHV operators license

 

A  person who makes provision for the invitation or acceptance of Private hire bookings or who accept such a booking in contravention of his section is guilty offence and liable  on summary conviction to a fine not exceeding level four or standard style.

 

The statutory structure/definition is referred to frequently by TfL and was referenced in the legislative provisions before Justice Ouseley. 

 

CITATION Number: [2015] EWHC 2918 Admin Case No: CO/1449/2015. 

 

Conversely, at the earlier trial on the 6th, Magistrate Arbuthnot was unhesitant in her acceptance of an explanation that Uber had altered its app, and was now equipped with a feature informing the user that the booking had been accepted by Uber London LTD (ULL). Only afterwards is the user linked with a driver. If this is the case, and as yet there is no evidence to suggest it has been altered,  the app would now comply with current legislation. 

 

This I starkly inconsistent with  ‘the driver accepts...then uber confirms the booking…‘nevertheless, Arbuthnot ruled that his actions did not constitute plying for hire. Itshould be noted also that Uber do not hold a PHO licence in Reading. 

 

The case holds gravitas as a ruling either-way could detrimentally impact on the lives of tens of thousands of sole traders and their families. It would also elevate a corporate entity to a position that resides above the law of the land. The concern here, is that a certain ruling will be used to determine future  Government policies which are relevant to both cases.

 

Whilst the complexity of the issue  – such as what constitutes a Hackney Carriage- cannot be understated and until such clarity can be addressed in the Courts, it would be easy for perspicacity to prevail and weight the trial in favour of vested interests. A seismic shift culturally, in the way we move about has implications that reach far beyond taxi and minicab rivalries, and a Magistrate influenced  by a conflict of interest could prove to be a very dangerous one

 

I trust the matter will be looked in to. 

 

Yours Faithfully

Sean Paul Day

London Taxi Radio

 

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Man brandishing gun arrested for attempting to rob Taxi driver in Liverpool

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A man has been arrested for the attempted robbery of a taxi driver and a takeaway in Kirkdale, Liverpool. Police were called after reports of a man brandishing a gun demanded cash from a taxi driver at around 2am Friday 13. While officers were taking a statement from the taxi driver they received a second call of an attempted arm robbery of a takeaway close by. Staff at the shop confirmed that the weapon was in fact a plastic replica and the robber was unable to collect any cash. Armed officers were called to the scene and soon arrested a 33 year old man on suspicion of robbery of a person and robbery of a business. The accused was detained for questioning. According to the Liverpool Echo, officers searching the area for any evidence found a police-style baton in a nearby wasteland. The replica gun is yet to be reported found.

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London Taxi PR launches ‘The Knowledge’ campaign to boost numbers

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The London taxi trade is set to receive a welcome boost as a new advertising campaign starts promoting the world renowned taxi test the Knowledge of London.

London Taxi PR announced that it is launching the new campaign this month in a bid to signing up new applicants to the infamous test each applicant must pass to become a licensed London Taxi driver.

The campaign also highlights that ‘The Knowledge’ is in fact inclusive and open to all, regardless of their gender, religion or ethnicity.

All images used in the campaign have been provided by Terry Gibbins, a passionate & proud London Taxi driver and Photographer, who has been photographing drivers for several months.

Once again London Taxi PR have teamed up with 8 outdoor media who will provide 29 large format digital billboards across Central London. The campaign which will run for a month, will feature London Taxi drivers of all genders and ethnic origin, which reflect the current diversity within the trade, with the headline “I did it, so can you”.A spokesperson from London Taxi PR said:

“The aim of the campaign is to encourage more people to sign up to do ‘The Knowledge’ and become a London Taxi driver. We believe the job offers great opportunities for all who are prepared to put in the work and meet the high standards required of the profession to be a licensed London Taxi driver.”

All of London Taxi PR’s campaigns and publicity has so far been been funded by fellow London Taxi drivers, many of whom have signed up to donate to the cause on a monthly basis, indicating how passionate they all are about their industry and the cause.

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