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CAPITAL NEWS


LONDON PHV DRIVERS PROTEST AGAINST PAYING CONGESTION CHARGE


PHV drivers across London who could face a daily conges- tion charge of £10.50 have taken their fight to the Mayor of Lon- don’s doorstep. PHV drivers could soon no longer be exempt from paying the daily levy under proposals put for- ward by Transport for London (TfL). The chargewas intro- duced in 2003 and is imposed on drivers travelling through central London from 7am to 6pm Monday to Friday. According to the


Watford Observer, last month cam- paigners, who are part of the Indepen- dent Workers Union of Great Britain (IWGB) protested outside of City Hall, where they called on Sadiq Khan to reverse these plans or make PHV opera- tors pay the charge instead. Yaseen Aslan, taxi driver


and co-


founder of IWGB, said: “We represent themajority of ethnic minority drivers and expect Sadiq Khan to go out of hisway and


just to offset the costs


they face Protests outside City Hall


help people like us. “It is shocking we have to protest ag- ainst a Labourmayor. We want more work- ers rights and to stop companies exploiting drivers.


“We needmore done to make sure our rights are not being abused.” Mr Aslan said that London drivers have to work a minimum of 35 hours a week


before making any money. If they had to pay a daily charge of £10.50 every day this would seriously im- pact upon their incomes. Mr Aslan said that if this


congestion


charge is levied on PHV drivers it should be passed onto oper- ators instead. Caroline


Russell,


Green party assem- bly member, ad- dressed protestors and supported their calls to pass on the congestion charge to


operators. Ms Russell said: “It is very welcome that you are out here standing up for your rights. I think it is absolutely important that all those people, working for compa- nies such as Uber, need to be protected, have decent worker’s rights, are able to earn a living. “You need to be paid properly, that is abso- lutely crucial, now what has to happen is that operators have to pay this conges- tion charge and I support you in that.”


UNITED TRADE ACTION GROUP (UTAG) AGAINST TfL, WESTMINSTER MAGISTRATES AND UBER


The United Cabbies Group with support from a key group of trade suppliers has recently instructed senior commercial QCto provide a legal opinion on taking legal action against Transport for London (TfL), Westminster Magistrates’ Court and Uber. “It is now time for you to support action for the right earned by complet- ing the Knowledge of London, abiding by strict


regulations


enforced by TfL and being forced to drive a prescribed pur- pose-built vehicle which


is both


wheelchair accessi- ble and subject to very rigorous Condi- tions of Fitness. “This is an unprece- dented legal chall- enge against Uber,


38


TfL and Westminster Magistrates’ Court. It will shock many the way in which Uber operates and is allowed to operate under the watchful blindness of the reg- ulatory body there to protect.” This group action will take action: 1. Against Westmin- ster Magistrates and judicially re- view the decision to grant a licence to Uber on the basis of conflict of interest and flawed reasoning.


2 Against TfL under multiple causes of action including its failure to regulate the statutory re- gime.


3 Against Uber un- der multiple causes of action including economic torts and the interference of


your exclusive right to ply for hire.


“It has long been known by members of the trade that Uber operates a model which is iden- tical to hailing and therefore infringes London taxi drivers’ exclusive right to ply for hire. This action will seek to address that injustice. “This action will forcefully pursue the argument that TfL knew or ought to have known that Uber is not and has never been a fit and proper person to hold an operator’s licence. “Oneof themany rea- sons why it will be argued that Uber is not a fit and proper person includes is- sues relating to its corporate structure and fiscal operations.


“This is a concerted, comprehensive and unprecedented act- ion against key parties including the regulatory


body


(TfL) and will seek to bring each and all parties to account for their part in the dam- age caused to our 360-year-old trade. “Other


similar


actions are exclusive- ly seeking damages, but this action will seekmore than dam- ages for any previous loss. It will seek to protect our exclusive right to ply for hire and ensure that PHV drivers and London taxi drivers compete fairly. “It will seek to pro- tect the trade from current and further threats to its exclu- sive right to ply for hire and ensure that the distinct two-tier


system is restored and not eroded. “We will seek to pro- tect and preserve your exclusive right to ply for hire from current and future threats, the two-tier system has to be restored.” Darren Rogers – Chiltern Law. “It is the considered opinion of Robert Griffiths QC, Mr Stu- art Jessop (6 Pump Court) and Mr Dar- ren Rogers (Chiltern Law)


that these


series of actions have a very good chance of success. The trade will under- stand that disclosure of our causes of action are confiden- tial and sensitive, but senior members of the UCG and other key


stakeholders


fully support and can attest to the merits


of this action. “Although the initial instructions


have


been given by UCG, this is not a singular- ly UCG action. The United Trade Action Group (UTAG) is made up from a wider group of taxi supporters.We invite all drivers and stake- holders to support us in this action. “Our future is in the balance, we must act now as a unified trade to protect it. More details regard- ing projected costs and next steps will follow shortly. UTAG strongly mends


that


recom- all


London taxi drivers and stakeholders endorse these act- ions and donate as much as they can to our crowdfunding to support this historic legal challenge.”


OCTOBER 2018


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