Action-for-Cabbies update - Brief statement regarding JR against TfL
To whom it may concern,
Before making my brief statement I personally would like to thank each and every one of you who have pledged toward this campaign and for all of your support across the board whether it be through pledges, practical help or vocal support. This includes drivers, garages, suppliers, customers and organisations to name but a few.... We are indeed Stronger Together.
Action-for-Cabbies agree all Taxi's should accept debit and credit cards, but disagree with certain aspects of Transport for London’s implementation of the mandate.
From October 2016 All Licensed London Taxis will be forced by Transport For London to have a fixed credit card system in the vehicle as part of the vehicles condition of fitness. We believe that this requirement is fundamentally flawed and breaches several different aspects of legislation and creates serious issues surrounding The Consumer Credit Act.
Action-for-Cabbies do not believe that Transport for London have any legal basis in disallowing a Taxi Driver to pass on a legitimate surcharge of the said credit card system to the customer.
As a result of this our Solicitors are now preparing the case against Transport for London and the launching of a Judicial Review is imminent. The deadline date for the Judicial Review Application is 3rd of May 2016. We wish to make it absolutely clear that this IS NOT a Judicial Review against Transport for London’s credit card mandate. This Judicial Review is in response as to HOW Transport for London plan to implement certain aspects of the mandate.
As previously stated, we fully agree with Transport for London that all Licensed London Taxi Drivers should offer the option of payment via a debit or credit card facility however, we believe that Transport for London have no legal basis as to insist on which type of system the driver chooses to use as different companies offer different charges for their systems...this is called consumer choice, the Taxi Driver being the consumer.
We believe that there is a major breach within the Consumer Credit Act by Transport for London due to the fact that no industry within the UK is forced by their regulator to give credit, as a credit or debit card is not legal tender in the UK. Transport for London will be acting in direct contravention of the Consumer Credit Act by forcing the Licensed London Taxi Industry to take Credit Cards and therefore by default acting as lawmaker when laws can only be made or changed via an act of parliament.
Action-for-Cabbies believes that Credit Card facilities in Licensed London Taxis is the way forward for the industry, however, drivers must be protected from any change in regulation that contradicts the law of the land and works against their interests as small businessmen. Any inception or change in regulatory conditions within the Licensed London Taxi Industry must comply with the law of the land.
These are just a few of the issues in question however there are several other aspects of law that also need addressing and that have not been highlighted in this statement. We therefore feel that the only way that all of these issues can be resolved is via a Judicial Review.
Action-for-Cabbies wish to reiterate that this is not a challenge to Transport for London’s Credit Card mandate, but a challenge as to how it is implemented.
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