Author Topic: Private hire driver (Uber) - TFL - SW8 South Lambeth Road - 46: Stopped where prohibited  (Read 255 times)

0 Members and 6 Guests are viewing this topic.

The more defence points, the merrier?

Clearly not, your father has muddied the waters, created unnecessary confusion and caused himself alarm.

If you read the letter, it is absolutely clear:

'Please note, this[the FoI request] is dealt with as an entirely different matter to that of the PCN.'

So, his reps have set at least 2 hares running, maybe more, when all he's really interested in is the PCN hare's progress.

I will keep this in mind for next time :/

Let's hope there isn't one.

Anyway, all he can do is wait for their response to the substantive issue of contravention did not occur.

Okay so the appeal was rejected. I will get a picture of the response a bit later. But to sum it up they said that no pickup or drop-off was seen in the footage. Even though it is true, there is a valid reason. The Uber driver's map showed that location to be where to pick up the customer; however, when he pulled over and checked his phone, the passenger said they were coming out the station from the other side (of the block/ring road) so my dad moved to pick them up from there. He was only at the spot for about a minute, if even that. Of course, my dad cannot check the messages while he is driving so he had to stop to check. My dad wants to take it to tribunals. I have never done tribunals yet so I am learning as we go. Any advice?

Here is the link to the video sent by TFL:
Google Docs · drive.google.com

 Your narrative is credible, so if you are prepared to risk the full PCN penalty, register an appeal at London Tribunals. Make sure you keep some collateral to back it up, like record of the hire. The test for an adjudication is "on the balance of probabilities". TfL are, of course, only interested in the money.
Like Like x 1 View List

Let's see their rejection pl.

Your narrative is credible, so if you are prepared to risk the full PCN penalty, register an appeal at London Tribunals. Make sure you keep some collateral to back it up, like record of the hire. The test for an adjudication is "on the balance of probabilities". TfL are, of course, only interested in the money.

Thank you, I will go forward with the tribunals.

Let's see their rejection pl.




Sorry, but your father is not helping himself.

Nowhere in the thread is it made clear that a pick-up did not occur, this only became evident from the video, your previous post and the NOR. As regards the NOR, 'the evidence you have provided [of a pre-booked pick-up etc.] is for a different location.'

I don't know what to make of this.

Does your father have evidence of a pre-booked pick-up at this time from the location in question? If so, pl post so we can assess its prospective evidential value at adjudication.

Sorry, but your father is not helping himself.

Nowhere in the thread is it made clear that a pick-up did not occur, this only became evident from the video, your previous post and the NOR. As regards the NOR, 'the evidence you have provided [of a pre-booked pick-up etc.] is for a different location.'

I don't know what to make of this.

Does your father have evidence of a pre-booked pick-up at this time from the location in question? If so, pl post so we can assess its prospective evidential value at adjudication.

I believe it is reasonable for my father to not remember exactly what happened as an Uber driver, since he has many jobs a day; it may be difficult to remember. He only remembered some aspects of this specific job after watching the video.

I can understand why you would think so. I think showing the missing Uber evidence would help (btw the uber screenshot was sent to TFL on the appeal).



As you can see, the address is Harleyford Road, Oval, Lambeth. This is literally the road next to South Lambeth Road. Cobalt Square is on the corner of Harleyford Road and South Lambeth Road junction.

Sometimes uber does not show the pinpoint the exact place as where the passenger is, and will drop the pin to a typical pickup point, especially a busy place like the Vauxhall station. Or the passenger might sometimes just book without looking where the pinpoint is, and especially when they are underground in the middle of a ring road, the pin point can be anywhere around the ring road where it is accessible by a car. (i hope that makes sense).



Here you can see where the road is that is on the Uber evidence (Green).
You can also take an idea how close the cctv was captured (blue circle). Don't you think it is unfair to say it is a 'different location'?

I don't know what an adjudicator would make of the evidence, I know that Uber-speak is not my first language and I'm certain it won't be theirs. If you decide to appeal, then don't presume knowledge, try to make it absolutely clear, as you did in your last post.

IMO, IF an adjudicator accepts that there was a pre-booked pick-up at the time, then your father's next hurdle is why did they stay in the bay when there was no-one on the kerb. Again, he'd need to explain the difference between hailing a cab, where the ride is at the kerbside, and Uber where the rider is given an approximate time. I'd try to personalise matters e.g. you're certain that the adjudicator would have booked a taxi for, say, a journey to an airport and would not have stood at the kerbside outside their house until the taxi arrived: this is not the order of events i.e. taxi arrives, passenger(s) appear from behind closed doors then load and go.

IMO, the bay is for the 'purpose' of picking up/setting down. Sometimes things don't go to plan, although in this case I would refer to the person who approaches the bay because how would your father know this was not his fare until that person got into the car in front. It's not a taxi rank(which has precedence protocols).

IMO, there are also procedural issues with the NOR, but for me fundamentally the issue is convincing an adjudicator that a pick-up had been arranged.
Like Like x 1 View List