Following LPHCA campaigning, Uber London's licence has not been renewed by TfL. We understand that Uber have 21 days to appeal and we commend the Mayor and TfL for making a courageous but correct decision. We expect an appeal but early legal opinion suggests the courts will take a very dim view of the regulatory history of the company.
Uber's licence was revoked back in 2017 but was extended by 15 months to 25th September 2019, TfL then granted an additional two month extension until midnight on 25th November 2019 (tonight), which will now not be renewed. Below you can see a copy of the LPHCA's letter of objection sent by our legal advisors Travis Morley on 16th September 2019. Neil will be covering the decision at our private AGM for LPHCA members and partners this Thursday (28th November) once the ruling and implications have been studied.
The Mayor of London Sadiq Khan has said: "Only in the last few months it has been established that 14,000 Uber journeys have involved fraudulent drivers uploading their photos to other driver accounts, with passengers’ safety potentially put at risk getting into cars with unlicensed and suspended drivers. At this stage TfL can’t be confident that Uber has the robust processes in place to prevent other serious safety breach in the future."
Transport for London have said: "TfL has identified a pattern of failures by the company including several breaches that placed passengers and their safety at risk. TfL does not have confidence that similar issues will not reoccur in the future, which has led it to conclude that the company is not fit and proper at this time."
LPHCA Objection Letter to Uber Licence Renewal
Helen Chapman
Director of Licensing, Regulation & Charging
Transport for London
197 Blackfriars Road
London SE1 8NU
16th September 2019
Dear Helen,
Subject: Transport for London, Uber London Limited & Private Hire Operator Licence Renewal
We are writing to you on behalf of our client, the Licensed Private Hire Car Association (“LPHCA”), to register its objection to the renewal of Uber London Limited’s (“Uber”) licence.
You will, no doubt, be aware the private hire operator licencei held by Uber, and regulated by Transport for London (“TfL”), expires on the 25th September 2019. The current licence was granted on appeal, in Uber London Limited v Transport for London (26 June 2018) (unreported), with additional licence conditions. It is with reference to those conditions, and the statutory requirements of the Private Hire Vehicles (London) Act 1998, that the LPHCA invites TfL to consider its objection.
Over the past 15-months, Uber has been the subject of various incidents which call into question its compliance. These include:
- A Westminster Magistrates Court fine of £28,000 on 31 July 2019 for permitting use of uninsured vehicles and failing to keep accurate records (contrary, it is understood, to the Road Traffic Act 1988 and Private Hire Vehicles (London) Act 1998)ii. Notably, a similar prosecution, and conviction, also occurred in 2015iii.
- An HMRC investigation was reported as being conducted into Uber’s VAT liabilitiesiv on 19 May 2019. This matter is also the subject of a High Court judicial review application,which was filed on 29 May 2019, by the Good Law Projectv.
- A ‘Monetary Penalty Notice’ fine of £385,000 being issued on 26 November 2018 by the Information Commissioners Office for failing to protect personal information (contrary to the Data Protection Act 1998)vi.
Taken individually, or together, the LPHCA submits these events raise public safety concerns alongside serious compliance questions and thereby Uber’s fitness, under section 3(3)(a) Private Hire Vehicles (London) Act 1998, to hold a licence.
In light of the above, the LPHCA hereby requests TfL give (a) due consideration to the events outlined above and submits it should (b) refuse to renew, or otherwise grant, Uber London Limited a private hire operator licence in London.
Yours sincerely,
Neil Morley LLB LLM Solicitor (Non-Practising) Senior Legal Consultant
i Transport for London Taxi & Private Hire Licence No. 7979
ii ‘Uber Must Get Ban After Latest Fine’, Taxi, Edition 449, 6 August 2019 (http://www.taxinewspaper.co.uk/assets/files/downloads/Taxi_449.pdf)
iii Transport for London v Uber London Limited [2015] (unreported) (http://www.privatehirenews.co.uk/magazines/issue69/quentin_hunt_uber_prosecution.pdf)
iv ‘Passengers face fare hikes after Uber accused of taking taxman for £1bn ride’, The Sunday Times, 19 May 2019 (https://www.thetimes.co.uk/article/passengers-face-fare-hikes-after-uber-accused-of-taking-taxman-for-1bn-ride-vt8ht588w)
v ‘The Good Law Project sues HMRC over Uber’s tax dodging’, Good Law Project, 29 May 2019 (https://goodlawproject.org/good-law-projectsues-hmrc-ubers-tax-dodging/)
vi ‘ICO fines Uber £385,000 over data protection failings’, Information Commissioners Office, 27 November 2019 (https://ico.org.uk/aboutthe-ico/news-and-events/news-and-blogs/2018/11/ico-fines-uber-385-000-over-data-protection-failings/)