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Two men fined by the courts following taxi operation

29 June 2012

A private hire driver and his operator have both been fined £715 each after illegally picking up plain clothed police officers in Peterborough city centre during a joint operation between Peterborough City Council's Licensing Team and Cambridgeshire Constabulary.

The operation targeted a takeaway establishment in Fitzwilliam Street which is owned by Mr Asghar Ali, who is also the operator of City Cars, a private hire company based in Peterborough.

It was suspected that staff at the takeaway along with its sister company City Cars, were illegally pushing for private hire services and dispatching private hire vehicles to illegally ‘rank’ outside the takeaway without genuine bookings.

At Peterborough Magistrates’ Court on Tuesday 19 June 2012 Azur Hussain (31) of Taverners Road pleaded guilty to unlawfully plying for hire and to having no insurance and was fined £500, ordered to pay £200 costs and a £15 victim surcharge. He was also issued with eight points on his licence for the offence of being uninsured.

The court heard that Hussain attracted the officer's attention by waving them over and despite telling him twice that they had not booked the journey, he agreed to take them to Herlington, Orton Malborne. On reaching the destination the officers identified themselves and were met at the location by members of the city council’s Licensing Team.

During the investigation, officers also discovered that the operator of City Cars, Asghar Ali was failing to keep records in accordance with his licence conditions. Mr Ali pleaded guilty plea to the record keeping offence. He was fined £500 and ordered to pay £200 costs and a £15 victim surcharge.

A decision will now be made by the city council’s Licensing Team concerning their licences.

It is illegal for any person to tout or solicit the public on behalf of any private hire vehicle. Any private hire driver picking up a member of the public without a booking automatically invalidates their insurance. Should an accident occur, the person would not be insured for that particular journey.

In addition, if a private hire driver picks up without a booking, there is no record of the journey taking place. If an incident occurs, such as an indecent or violent assault and the passenger is unable to identify the plate number, police would have great difficulty identifying the driver or vehicle involved. Likewise, if a driver is assaulted, police would encounter difficulties establishing passenger details.

Adrian Day, Licensing Manager for Peterborough City Council, said: "The law makes a clear distinction between a Hackney Carriage - a London cab - that can be hailed in the street and private hire cars that must be pre-booked.

"These joint operations attempt to prevent drivers acting unlawfully and assist in educating the trade and public of the dangers of unlawfully plying for hire. If a private hire driver picks up without a booking, the insurance is generally invalidated, and from a safety point of view there is no record of the driver undertaking the journey. If a passenger or driver is attacked the police and taxi enforcement team would have difficulties identifying the driver, vehicle, journey or customer involved. 

"Licensing officers closely monitor the taxi trade to protect the interest and safety of passengers and will not hesitate to prosecute anyone touting for private hire services or any private hire driver who is found to be unlawfully plying for hire or 'flagging' as it is known in the trade.

"Many private hire drivers and operators carry out their trade lawfully and condemn the few that bring the trade into disrepute. People who wish to use a private hire vehicle must pre-book the vehicle with the private hire company, not the driver or anyone else, to ensure they are legally covered."

Ends.