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Thread: 'Pedicab' firm loses hackney carriage licence appeal

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    Arrow 'Pedicab' firm loses hackney carriage licence appeal


    'Pedicab' firm loses hackney carriage licence appeal

    Published by Jon Land for 24dash.com in Environment , Local Government on Friday 21st December 2007 - 12:13pm

    The UK's largest pedal-powered "pedicab" firm today failed to halt a High Court bid to reopen the issue of whether its riders need hackney carriage licences.

    Bugbugs Ltd, a not-for-profit company which was formed in 1998, owns 54 pedicabs and has 300 registered riders, who hire the rickshaws from Bugbugs and then charge members of the public to be carried around London.

    It appealed against the refusal of a Master - a senior court official - to "strike out" a claim by the Public Carriage Office of Transport for London for a declaration that, in the city, a pedicab is a hackney carriage.

    Different considerations apply outside the capital because the legislation is different.

    Its counsel, David Wolfe, told Mrs Justice Swift, in London, that the issue had been decided in Bugbugs' favour by the courts three times before - in 1999 and twice in 2003.

    "That's the position we say should remain, and we say TfL are abusing the process of the court in seeking to reopen the question at this stage and should not be permitted to do so."

    But, the judge said that in all the circumstances, the Master was "fully entitled" to dismiss the application to strike out.

    She said that it was generally agreed that a system of regulation was necessary for the safe and efficient operation of pedicabs, and TfL had now decided that the most convenient and effective way forward was to include them in an amended form of the hackney carriage licensing regime.

    It was clear that TfL could not proceed with its proposed course unless and until it had an authoritative decision as to whether, in law, a pedicab was a "hackney carriage".

    TfL's application for a declaratory judgment related to a matter concerning the responsibilities of the State towards potential passengers of pedicabs and other road users, as well as to the operators and riders of pedicabs.

    It was not a case where purely private interests were involved.

    She rejected the claim that TfL's conduct amounted to "unjust harassment" of Bugbugs.

    "TfL has a duty to consider the interests of parties other than Bugbugs. It is, as I find, seeking to do this in what it considers to be the most effective manner."

    She said that TfL had sought to mitigate the difficulties caused to Bugbugs by the litigation by agreeing to pay a substantial sum towards its costs of opposing TfL's application, and had embarked upon a wider process of consultation about the licensing of pedicabs.

    "These are not in my view the actions of a party seeking to harass or act unjustly."

    Saludos

    Gerald
    Admin www.PedicabForum.com

    Our company site:
    www.trixi.com

    Other web sites:
    www.Bicicleta.es





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    So what happens now?

  3. #3
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    So what would be the logical step of Tfl now ?

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    Well Ricky girlie bikes are allready illegal here so a good start would be to impound them and fine the drivers and company opperators. Using health and safety laws to pull all the junkers off the road would do nicely aswell.

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    Angry In between the lines

    Quote Originally Posted by Trixi.com View Post

    'Pedicab' firm loses hackney carriage licence appeal

    She said that TfL had sought to mitigate the difficulties caused to Bugbugs by the litigation by agreeing to pay a substantial sum towards its costs of opposing TfL's application, and had embarked upon a wider process of consultation about the licensing of pedicabs.

    "These are not in my view the actions of a party seeking to harass or act unjustly."

    Sadly, between the lines they are saying we can do as we please.

    From legal advice it is already known that changing the London Cab order will need special legislation, so as it stands will not 'fit' well with pedicabs. TFL know this but have not addressed these issues at any point with the LPOA or Bugbugs, hence the attempt to block the actual case in the first place.

    2ndly they are chossing not to pay any of the legal cost for the appeal - retrospectavily and are already seeking cost to stop any further appeal.

    It's a big and heavy push to remove any future for pedicabs BUT it is not over until the fat lady sings

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