Taxi Driver complaint

[Lowell Hater]

A taxi driver friend has received a letter from his local licensing office telling him a complaint against him has been received from a member of the public. He received a letter outlining various issues. The licensing office contacted the customer who agreed they were not happy. The driver gave a statement from his point of view. Thinking that would clear it up he carried on with his job. A short time later he was shocked to receive a further letter from the licensing office informing him that they were looking to suspend or remove his license to driver a taxi citing rude, aggressive and dangerous driving as the grounds. On reading the enclosed papers he was astonished to discover that an enforcement officer had emailed the witness (member of public) thanking him for the initial email, however, he further asks him (and i quote) can you recall what was said by the driver specifically? and specific phrases that were used for example? the email then goes on to say (again i quote) as your statement is from a completely separate bystander it will carry considerable weight if it confirms the passengers statement.
A further statement was made by the witness that has been really enhanced (jazzed up / sexed up) with words and phrases that bears no relevance to his original statement and certainly does not support what the customer says. This request was 2 weeks after the initial email of complaint. The question is....can this email requesting more info be legal? telling someone their statement will carry more weight will surely make that person feel so important they will say anything. imagine a police officer getting a statement and then 2 weeks later telling a witness that his statement is too vague and needs to be enhanced to ensure a conviction, i would think that police officer would be prosecuted for getting a witness to make startling allegations that are not supported by the passenger statement.
Any help on these points would be appreciated. I find it bizarre and obscene that a licensing authority can do this to obtain alleged evidence of wrong doing. Am i or my friend missing something here? Just been informed that the passenger claimed she was disabled (no physical evidence to support this claim) and cannot possibly read or write. The licensing office manager wrote her statement.

[sean5302]

Re: Taxi Driver complaint

Hello.
Yes, it's perfectly legal.
The LO wants to establish the facts of the case.
An independent witness DOES carry more weight than the driver or the passenger, since those two have personal reason to say what they consider supports themselves.

[Lowell Hater]

Re: Taxi Driver complaint

Hi Sean 5302
We don't have a problem with the LO asking for a further statement asking for any further information that may have been remembered. It was the way they gave the alleged witness a free hand due I suggest to the immediate feeling of self importance to "remember" things that possibly never happened, but could potentially crucify the driver when added to a statement. This witness could be a confirmed taxi driver hater for all we know, and now thinks he can play god with a persons occupation. I have read all the statements now and can definitely confirm that the witnesses 2nd statement does not confirm what the alleged aggrieved passenger wrote. As I have said already, by all means ask for a 2nd statement but there was absolutely no need to add the words "as your statement is from a completely separate bystander it will carry considerable weight if it confirms the passengers statement.
That is not playing fair. If you consider it is fair then we would be happy to read any further comments you can give here. We both believe in fair play but somehow cannot see it happening in this particular case. Please try to convince us.

[wales01man]

Re: Taxi Driver complaint

The LO will no doubt read the statements and make a decision trying to argue the facts of their statements seem pointless the driver has made his and unlike a court of law probably does not get a chance to cross examine the accuser and witness.

Can you substantiate the claim its a confirmed taxi driver hater?

Sorry to say your mates fate is in the hands of the LO lets hope he does not lose his cab licence

[Lowell Hater]

Re: Taxi Driver complaint

Hi wales01man
Thanks for your posting. Proof of hating taxi drivers would be a bonus hence the word "could" lol. Apparently, when all the papers are submitted they are given to a committee made up at this time of nameless and faceless people. What qualifications they have to do that job is a mystery. A driver can ask to be present and address the committee. If the decision goes against him, I believe he has the right of appeal. If that happens then an appeal is heard in the magistrates court (it must be higher). I think then that it is possible he would get to cross examine the passenger and witness. We also believe that on appeal the "Status Quo" must remain (he continues his job) until the appeals process has been exhausted. Any info on this would be appreciated. If we have got it wrong then I hope people here can put us right. Everyone, thanks for reading and thanks for any replies.

- - - Updated - - -
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[stevemLS]

Re: Taxi Driver complaint

The committee will probably be a sub-committee of the Licensing Committee, so made up of local councillors (although regulatory arrangements do vary between councils).

Your spot on with the appeal process, it is to the magistrates court and yes, he would have the opportunity to examine both passenger and witness.

[Amethyst]

Re: Taxi Driver complaint

Who is the witness if they are not the passenger ? In the taxi were the taxi driver, and the passenger .... where does this separate bystander come into it and how would they know what was said, how the driving was etc etc?

[Lowell Hater]

Re: Taxi Driver complaint

Hi Amethyst
The alleged witness was allegedly using the nearby ATM. His attention was drawn to events because the driver turned right, pulled up and tooted his horn to get the persons attention stood on the corner, to see if it was them that had called for the cab. He called out and it was the customer. he said loudly (heavy traffic noise to overcome) through the front passenger window to either cross the road or go into the car park as it was not safe or sensible to pick up where they were standing. A car wanted to come along this road so also tooted his horn to draw the taxi drivers attention to him. The driver then drove off and circled the car park and waited to see if the customer was going to walk the short distance to the car. The customer never came so he drove the short distance and parked half on the pavement on double yellows across from her and got out of the car, It was busy at the time and noisy so had to speak loudly to get the customer to hear him. The customer accused him of shouting, he said he had to speak loud so he could be heard. He told the customer they had to cross the narrow road to come to the car. He was told there was shopping so the driver went and picked it up and put it in the boot. The customer kept going on about the driver shouting. The driver told the customer that if they were not happy with the service then they could get another taxi, it was not a problem. At that the customer said they were disabled and had to get home. (nothing to show the customer was disabled, no walking frame, wheelchair or crutches/walking stick). The customer then just strolled across and opened the rear offside (roadside) passenger door. The driver was at the boot and loudly shouted a warning because what the customer was doing was dangerous because of the heavy traffic and wanted the customer to use the pavement side to enter the car. The alleged witness never made himself known to the driver, just took details and emailed the LO the following day. The driver can only assume the the loud warning to the customer was mistaken for ranting at someone. All taxi drivers are responsible for themselves, passenger(s) and other road users (drivers/pedestrians) and also his own car. So yes I would suggest it was a loud shout to try to make the customer aware of the danger. The sad part about all of this is it now transpires the customer could (although to what extent) be disabled and possibly cannot read or write very well, so the driver is accused of being rude and aggressive for shouting a warning. The customer has also suggested the short drive home was dangerous. This driver has been driving for more than 40 years, has no points and is totally professional and dedicated to his job. Yet some bystander has unfairly accused him of many things. The LO I would suggest led the customer (after they found out what company the customer used) over the phone before asking them to come in and give a statement. The statement was written by the LO and signed, it was not the customers written words. The LO should have just asked the alleged bystander for more info, not as they did do by stating how important he was. That is unfair. We accept the LO is legally entitled to ask for further clarification but do not accept the other part.
Anything you can give us that might help would be appreciated. Thanks

[stevemLS]

Re: Taxi Driver complaint

I'm afraid, in my view, the fact that the witness, who you assume can't read and write, was assisted by the licencing officer to write their statement is irrelevant. That is not evidence of any "leading" by the LO.

Similarly, I can't see how the LO stressing the importance to the witness of their evidence taints it in any way. I don't believe most people would react to being told that in the manner you suggest in post 1.

What slightly undermines both points, whether or not they are relevant, is on your most recent post you suggest that the witness was so upset by their view of events that they independently contacted the licensing office. Who wrote their iniital statement for them? Was it in fact a statement or was it, for example, an email of complaint which they were subsequently asked to turn into a statement which you suggest they were given assistance to write.

Do you see the inconsistencies?

[sean5302]

Re: Taxi Driver complaint

The obvious question to ask is "how do you know so much about the exact details here?"
Is what you're writing just what the taxi driver has told you?

[Lowell Hater]

Re: Taxi Driver complaint

Hi Sean 5302
The driver in question is a friend of more than 10 years and I have actually read all of the statements made. Taxi drivers at times do a difficult job in difficult conditions with at times difficult customers. It is not the easiest job in the world and is a highly stressful job. I wouldn't want to be picking up a car load of drunk or half drunk people at any time of the day or night. Equally so I wouldn't want to be picking up people who on the surface look ok but could then flip when in the car for no apparent reason. Obviously, the vast majority of customers are fine, but it only takes one to do serious damage, we read about them in the press from time to time. I personally have much respect for taxi drivers, and before you say anything yes I am aware that not all drivers are saints. All I am doing here is trying to help a friend through a difficult time by trying to get some good info that could possibly help him. Last point I will make is that throughout all the years he has done the job (thousands of customers), never before has a complaint been made against him. I would put my house on that fact.

[stevemLS]

Re: Taxi Driver complaint

Hi Lowell

By pointing out some of the difficulties in what you have said, we are trying to help you - if you are aware of the flaws in your arguments you can give them some thought and try and address them.

You haven't addressed the questions I raised in post 9.

What do you think is motivating the customer and witness?

[wales01man]

Re: Taxi Driver complaint

Is there is any link between the 3 involved in this or are they complete strangers?

[Lowell Hater]

Re: Taxi Driver complaint

Hi stevemLS
Sorry I did not address your points. All that can reasonably said to that would be, it is a dangerous assumption for someone to "hear" a small part and then "hear" again another part and draw the conclusion that something sinister was taking place. If he was that concerned why didn't he take note of everything by moving closer to listen or maybe even challenging the driver. This never happened, yet the 2nd statement suggests it was a war zone peppered with swear words and rantings that are not supported by the customers (passenger) statement. He freely admits that he did not hear everything , just parts (possibly due to a lull in traffic noise). Why didn't others come to the assistance of the customer? No one else did and it was busy where the pick up was occurring. In respect to the customer, no complaint was ever made until the LO contacted them. Who knows what was said on the phone. Thats something I cannot answer but the customer decided to make a statement that again is not supported by the witness statement. So what do we do here? Pick out the parts that do agree, the car arrived, contact was made, how do you think a cabbie makes contact with someone on a busy street corner? They normally hit the horn and call out of the window. My god I have seen that happen many times. Nothing sinister. Maybe voices were raised, possibly because of traffic noise. so we look at all these points and hang someone because they are confirmed in 2 statements. nothing else marries up. As the accusations are serious why has he not been suspended immediately? He hasn't. Rude, Agressive, Dangerous driving. Pretty serious to me but he still does his job.

[stevemLS]

Re: Taxi Driver complaint

All that can be said are the statements are what they are.

Your friend will have opportunity to make the points that you raise at the hearing.

The Licensing Office have obviously taken a decision that the allegations are not so serious as to warrant immediate suspension.