Taxi Touting Solicitors

In England and Wales, taxi and private hire drivers must be licensed by a local authority and be pre-booked through a licensed operator to carry passengers legally. Taxi touting is the name given to the act of approaching people in public places and offering unlicensed or unauthorised taxi services, which in many cases is a criminal offence. Even a licensed taxi driver may unwittingly commit an offence by approaching passengers directly and offering a ride without a booking.

If you have been accused of a taxi touting offence, otherwise known as plying for hire, the expert solicitors at JMW will assist with your defence and help you to avoid a conviction. The consequences of being found guilty for touting or soliciting can often be severe and could impact your livelihood. As a licensed taxi driver, even the suggestion of illegal cab activity can affect your reputation and working opportunities.

JMW's team is highly experienced in this often complex area of law and can secure the best possible outcome for you if you are accused of taxi touting or plying for hire. To learn more about how our motoring offences team can support your defence in a taxi touting case, get in touch today. Simply call us on 0345 872 6666 or complete our online enquiry form and we will call you back at a time that is more convenient for you.

How JMW Can Help

JMW's experienced team of motoring offence solicitors has a thorough understanding of the law regarding taxi touting cases, and can liaise with the licensing authority in circumstances where, as a taxi driver, your livelihood is at risk. JMW's experts have a strong track record of successfully defending clients and will work with the relevant authorities during any pre-charge engagement to minimise the risk of charges being brought.

The full and proper consideration of the evidence and the way in which your case is presented to the court is key. Our involvement could save your livelihood, as we take a professional and proactive approach to every case we take on.

We will keep you updated throughout the process, to give you peace of mind that everything is being taken care of, and let you know of the outcomes you can expect from the outset, so that you are ready to face the process. At all stages of the criminal justice process, from any initial interviews with the police through to court appearances, sentencing and appeals, JMW will stand by your side and work to deliver the best possible outcome.

Meet Our Team of Driving Offence Solicitors

JMW’s specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of a taxi touting offence. With many years of experience and a strong track record of success, we understand the nuances of motoring law and are in a strong position to help you.

What Is Plying for Hire?

In England and Wales, it is illegal for a driver to solicit passengers in a public place, or to persuade them to hire a vehicle to carry them as passengers. A driver who is not licensed to drive a taxi but who accepts a fare, or a licensed driver who offers passengers a ride directly without them booking through an operator, can be said to be plying for hire.

This is illegal because it bypasses licensing and safety checks. Vehicles and drivers involved may not have the required insurance, background checks or vehicle inspections. Alternately called plying for hire and taxi touting, this type of behaviour is taken seriously because of the risk it poses to passengers - not only in terms of the lack of insurance, but in terms of their physical safety.

Penalties can include fines, penalty points, and a suspension or revocation of a licence. In some cases, plying for hire can lead to prosecution for a criminal offence. If you are accused of any such related behaviours, it is vital to speak to the team at JMW at your earliest opportunity to begin mounting your defence.

What Are the Penalties for Illegal Cabs?

The penalties you can receive if you are convicted of plying for hire or touting are severe. For example, you could receive a fine of up to £2,500 if you are convicted. You may also face prosecution for driving without insurance, because touting can invalidate your existing motor insurance policy. The offence of driving without insurance carries a penalty of between six and eight points on your licence. The court could also disqualify you from driving for any period it deems appropriate.

A conviction for touting or soliciting could cause problems for continuing your employment as a taxi or hackney carriage driver, and it could also affect any future application for the renewal of your taxi licence. Driving disqualifications as a result of touting or soliciting are becoming more frequent, particularly in circumstances where a person has appeared at court unrepresented. Whether you are a professional driver or not, this can have significant consequences for your career and personal life.

Can You Defend a Taxi Touting Charge?

The consequences of a conviction for touting or soliciting can quite often be severe for those who drive taxis or private hire vehicles for a living. If you have been charged with a plying for hire offence, the court will consider the circumstances and interpret the facts in order to determine whether your actions amount to touting/soliciting or plying for hire. This means that there are legal defences available in some cases, and expert legal assistance is essential to secure the best possible outcome in these proceedings.

JMW's taxi touting lawyers will take the time to understand the full extent of your circumstances and the offence that allegedly took place before building your defence. For example, the prosecution must prove that you actively solicited passengers without a lawful booking, and if there is insufficient evidence that you approached, invited or solicited members of the public, the charge may fail. Our team will review the prosecution's evidence and challenge it where we believe there are factual or procedural errors. Cases often rely on observations from enforcement officers and, if there are inconsistencies, gaps in continuity, or errors in how evidence was collected, the prosecution may struggle to prove the offence beyond a reasonable doubt.

If there is any evidence that the journey was made in accordance with the law - such as booking records, operator logs or app data showing that the booking was made through a licensed operator before the journey began - this may work to defend a private hire driver. Alternatively, enforcement officers or witnesses may have identified the wrong driver or vehicle, and this can be challenged in your defence in some cases.

Finally, situations where there was no offer or agreement to carry passengers do not amount to an offence. Mere presence in a public place in a car cannot automatically be deemed touting. There must usually be evidence of an invitation or offer to carry customers for hire, and if this is insufficient, it can form the basis of a defence.

The precise approach we will take will depend on the facts, the wording of the charge, and any local licensing rules that apply. Where it is not possible to raise a full defence, we can also present mitigating circumstances to help you avoid the maximum penalties and make sure that any sentence imposed is fair.