Firstly, and very importantly with ridiculously high energy bills, I highly recommend getting an Oodie which I am wearing as I type this out. Yes, you may look like the Abominable Snowman but it’s damn good at keeping you warm. However, this is for wearing inside your home and not in the cab.
BILKING
In January, myself and Andy Cheesman of City Cabs, had a very constructive meeting with Inspector Michelle Palmer-Harris, of Sussex Police, who was good enough to make the time to invite us to have a chat about various concerns we recently raised. Also present at the meeting were two very experienced licensing officers Alex (ex-police) and Martin.
Our main concern was the situation of some police officers not being aware that bilking is a criminal offence based on a recent issue that a driver had experienced where the customers had made off without paying. The officer that dealt with this considered that it was a civil offence.
I know this comes up every now and then but it is worth setting out as a lot of drivers need to have the following information.
BILKING
Making off without payment under Section 3 of the Theft Act 1978. The passenger runs off without paying. This covers failing to pay for taxis, failing to pay for petrol, running away from restaurants etc.
Obtaining services dishonestly under Section 11 Fraud Act 2006. The person knowingly takes a journey without having the funds to pay but does not notify the driver until arrival at the intended destination. Similarly, the passenger outright refuses to pay at the intended destination.
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Bilking is the term for making off without paying the fare. Anyone running away from a taxi with no intention of paying is guilty of an offence. (Fraud Act 2006 s11).
CIVIL DISPUTES
If a passenger refuses to pay the fare they commit an offence.
However, if they have a genuine reason for non-payment or a complaint about the route taken then this is a civil matter. Both parties have rights and they should be encouraged to exchange details and seek civil remedies.
If someone has been sick in a taxi this is not a criminal offence and should be treated as a civil dispute. Police would not normally deploy to such incidents. However, if a hirer refuses to provide their details or gives a false address, they commit an offence.
It was acknowledged that the problem was probably due to where there has been a turnover of officers over a period of time, and so the intention now is to try and ensure that there are frequent reminders within the local police of what bilking is.
I did state that maybe stuffing a cab driver for £10 is not the same as other crimes committed in the city. However, I made the point that it is considered that those who commit the crime of making off without payment are probably not law-abiding citizens and more than likely involved in other dubious activities.
A few years ago, we had car window stickers that gave information on bilking. These are now being revised and with the backing of Sussex Police, the logo will be used as an endorsement. This will not only be a warning to those dubious whatnots but can also serve as a reminder to any police officer who has not been updated on what bilking is, and that it is a criminal offence.
FEBRUARY 2023 PHTM
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