Pco license/tfl

[zew]

Hi,

I would like to get some expert legal opinion on the following topic.


I had a criminal conviction about 5 and half years ago.it was an employer theft .Since it was my first ever conviction i was sentenced community work of 60 hours.which i completed within the time frame given by the court.

about 4/5 years ago i applied for my PCO licence for the Private Hire Driver jobs.My application was refused due to my criminal conviction.I was advised by the TFL person that i will have to wait at least 3 years after my sentence is spent and only then i could apply.

I applied for the license again last year august and i was sent my topographical date in december.TFL also, asked me if i would like to get my application assessed before taking the topographical test, which i agreed and requested TFL to assess my application before topographical test.

On 5th of January TFL sent me a Confirmation email that both my DBS and Medical were up to the TFL requirements and that i should just wait for my topographical date.

I took my topographical test and passed.

Now TFL has REFUSED my application on the basis of same criminal conviction which occurred about 6 years ago saying that I am not fit for the purpose.

That's my ONLY conviction in the whole life and as per the DBS records,Also, TFL had confirmed me through email that my DBS and medical were both upto their requirements.


I would like to ask you for your expert advice on this matter and what should I do next as in my opinion its not fair and I really wanted to have this licence to earn money to feed my family as with one job its really hard to manage everything these days.


I would really appreciate your kind response.

[islandgirl]

I have heard similar cases in the Magistrates court where drivers refused licences or who have had them removed appeal to the court. I do not know if the system has changed since but the previous situation was that you could appeal to the magistrates court. Perhaps someone has more up to date info.

[PallasAthena]

"An applicant may appeal to the Magistrates Court against the refusal to grant him a licence or against any condition to which such a licence is subject. Any such appeal has to be made within 21 days of the receipt of the decision letter in which the refusal to grant a PHV driver‟s licence is made known to him"

London Taxi and Private Hire - Abstract of Laws (tfl.gov.uk)

[zew]

I have heard similar cases in the Magistrates court where drivers refused licences or who have had them removed appeal to the court. I do not know if the system has changed since but the previous situation was that you could appeal to the magistrates court. Perhaps someone has more up to date info.

Thank You for your response. I have been given the right of appeal. I have sent an email to the TFL and have asked them to review their decision and if not then i will go to the court.

[zew]

"An applicant may appeal to the Magistrates Court against the refusal to grant him a licence or against any condition to which such a licence is subject. Any such appeal has to be made within 21 days of the receipt of the decision letter in which the refusal to grant a PHV driver‟s licence is made known to him"

London Taxi and Private Hire - Abstract of Laws (tfl.gov.uk)

Thank you for your response. Yes, I have been given the right of appeal which i will exercise if they dont review their decision.My question was, could they do that? I mean, they accepted the fact that both my DBS and Medical were up to the TFL requirements and then later on refuse my application on the same basis.

[islandgirl]

If they go to court they will have to justify it. The magistrates will decide if their decision was lawful.