LEGAL NEWS
HIGH COURT UPHOLDS WELWYN HATFIELD COUNCIL’S TAXI LICENCE REFUSALS
The High Court has upheld the decision of Welwyn Hatfield Borough Council in a legal battle over the refusal to renew taxi licences for six drivers during the Covid-19 pandemic. The drivers, whose vehicles exceeded the council’s 8-year age limit for licensed taxis, argued that the pandemic constituted except- ional circumstances that warranted an exemption to the policy. Initially, a district judge upheld the drivers’ appeal, ruling that the pandemic justified a one-year extension to their licences. The drivers argued they couldn’t afford to replace their vehicles due to
the significant decline in
business during the pandemic. One said his income had fallen from £16,000 to £9,000. However, Welwyn Hatfield Council appealed the decision to the High Court.
Mr Justice Linden, in his judgment, overturned the district court’s ruling, stating that the pandemic alone did not automatically qualify as an exceptional circumstance. He emphasised that the impact of the pandemic should be assessed on a case-by-case basis for each driver. Furthermore, the judge ruled that the original hearing should have focused on whether the licences should be extended at the time of the appeal in 2022, not whether
they should have been extended at the time of the initial refusal. Mr. Justice Linden expressed concern that the district judge’s ruling could set a precedent where any driver facing financial hardship could claim an exception, potentially undermining the council’s policy. “We are pleased with the High Court judgment which provides clarity on the application of the council’s policy on renewing taxi licenses,” stated a spokesperson for Welwyn Hatfield Borough Council. The council is now seeking to recover legal costs from the taxi drivers and the West and Central Hertfordshire Magistrates’ Court.
DRIVERS GIVEN ‘OUTRAGEOUS’ FINES BY COUNCILS ‘WITHOUT LEGAL BASIS’ ACCORDING TOTHE AA
Thousands of UK drivers are paying traffic fines that should never have been issued, with multiple London councils handing out £130 penalties without proper legal documentation. New analysis has revealed widespread issues with traffic enforcement across the capital, with several boroughs issuing the penalties for offences such as driving in restricted bus lanes and yellow box junction violations, without valid Traffic Management Orders (TMOs) or camera certifications. The AA has raised serious concerns about drivers being forced to spend time and money pursuing appeals when councils could have cancelled invalid fines after initial
22 complaints.
“Dishing out fines for any restriction that has expired is outrageous,” stated Luke Bosdet from the AA’s motoring policy unit. “While a handful of drivers have fought back against fines that shouldn’t have been issued in the first place, thousands will have paid the half-rate within 14 days. “How can it ever be acceptable that a council fines a motorist for an offence without legal basis?” In recent weeks, tribunals have overturned fines issued by Lambeth, Croydon, Harrow, Red- bridge, Greenwich, and the City of London due to missing or expired documentation. The AA believes this is just a fraction of the total
number of illegal fines issued. Statistics from London councils show a significant number of successful appeals against traffic fines, with 56% of bus lane fine appeals and 35% of moving traffic offence appeals either successful or not contested. This translates to nearly 7,300 successful appeals across London. A DfT spokesman said: “Local authorities are responsible for local traffic measures and they should make sure penalties for the use of bus lanes are fair and proportionate. They must ensure their TMOs are up to date, and we will be sharing proposals to modernise this process, making it more efficient for local authorities.”
FEBRUARY 2025 PHTM
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