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Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
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Hi. As a Private Hire Taxi Driver, i pay 102.50pw settle to

Resolved Question:

Hi. As a Private Hire Taxi Driver, i pay £102.50pw settle to the Taxi base that i work through. I have purchased a vehicle able to carry six passengers on the understanding that i would be able to travel to any location where it maybe requested. The Taxi base is situated in Birkenhead, Wirral just over the River Mersey from Liverpool. The "clientele" in Birkenhead itself is not to be desired, so i and other drivers would much rather travel to Liverpool to gain fares which are not only a more pleasant customer but a Lucrative fare.
The Taxi base is now telling the "self employed" drivers, that if there is work to be done in Birkenhead that Drivers are not Permitted to travel to Liverpool to accept a fare or wait for a good fare, or their Taxi Data Head will be Disabled.
As I see it, if I am paying the Taxi Base to gain work for myself to carry out, they work for me and not vice versa.
I work to earn Money for my Family, Not to look after the "Toe Rags" of this World.
Can you tell me if the Taxi Base is Allowed to impose such a rule, or is it a Breach of their Contract with me or my Freedom of Choice.
Submitted: 6 years ago.
Category: UK Law
Expert:  Daniel Smith replied 6 years ago.
Hi there. Thanks for your question, I will help you with this.

This restriction would appear to be in breach of contract with you, given that they agreed to accept the £102.50p/w in respect of the 6 seater, which in turn, you did on the basis that they allow you to go anywhere needed. They seem to be going back on that agreement.

You should highlight the breach to them. If you lose out on fares due to an area restriction, then you would be entitled to claim for that against the firm. The problem might be in showing what fares would/ not be lost. The law might expect you to mitigate your losses and look to joining (as soon as contractually permissible), a new taxi company that would honour such an agreement with you.

Customer: replied 6 years ago.

Thanks, XXXXX XXXXX the Taxi Company allowed to,(if prior notice given), restrict an area for drivers to work? Is it not an infringement on a Drivers Choice as to where He/She wishes to work? And would they have to give a written contract detailing rules etc per weekly contract? Thanks Kev.


Expert:  Daniel Smith replied 6 years ago.
Whether they can restrict your area depends on your contract with them. If you want to remain a member if their association, you have to play by their rules. The issue is whether such a rule is allowed, and this depends on your agreement with them. Of course, if you're not allied to them, you can do as you like.

You need to look at their terms of membership, but I've already made some general observations about their apparent breach of promise following you getting the 6 man vehicle.

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