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TfL PHV licensing
London-only guide to the licensing fallout after a TfL-licensed private hire collision. The three TfL licences, the 72-hour notification duty, the Marston-run inspection sites, PHV(L)A 1998 sections 7, 8, 13, 16, 17, 25 and 26, the fit-and-proper-person test, Notice of Refusal / Suspension / Revocation, the 21-day Magistrates' Court appeal window, Crown Court onward appeal and judicial review.
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A London private hire vehicle collision is two cases running in parallel. The first is the road traffic claim against the at-fault driver's insurer - recovery, repair, like-for-like replacement, loss of earnings. The second is the licensing case in front of Transport for London. TfL is the licensing authority for every PHV driver, every PHV vehicle and every PHV operator inside the Greater London boundary, under the Private Hire Vehicles (London) Act 1998. A failed post-accident inspection, an unreported collision or a careless-driving conviction can land a Notice of Refusal, Suspension or Revocation through the letterbox - and the appeal clock under section 25 is 21 days. This page walks the licence regime end to end, names the statutory sections, sets out the Marston-run inspection network that handles post-accident re-inspections, and shows how the Magistrates' Court appeal, the onward Crown Court appeal under section 26 and judicial review under section 31 of the Senior Courts Act 1981 fit together. Coverage is London only - drivers and vehicles plated outside London should read the sibling page on local authority PHV licensing.
London PHV work sits inside a single statutory regime - the Private Hire Vehicles (London) Act 1998 - but TfL Taxi and Private Hire issues three separate licences on the same job. The operator licence under section 3 of the Act permits a company to accept private hire bookings in London. The driver licence under section 13 (the colloquial “PCO licence”) permits an individual to drive a PHV under a booking accepted by a licensed operator. The vehicle licence under section 7 (the “PHV plate”) confirms that a specific car has been inspected and approved as a PHV. All three licences must be in force on the day of the trip; the absence of any one is an offence under the Act and an insurance-coverage problem under section 143 of the Road Traffic Act 1988.
For accident purposes the importance of the three-licence structure is that a collision can trigger a separate licensing decision against each licence. The vehicle licence is at risk where the post-accident inspection fails - a structural concern, a broken plate seal, a damaged in-car camera or repair work that does not meet manufacturer specification. The driver licence is at risk where the driver picks up an at-fault RTA conviction (CD10, IN10, DR family) or where a passenger complaint to TfL describes unsafe behaviour. The operator licence is at risk where a pattern of incidents on the same fleet, or a single serious incident with media exposure, triggers an enforcement file at TfL TPH. The three tracks can run simultaneously and a driver may be defending two or three notices at once.
CityGrip's intake process records all three licence numbers on the day-one call because each carries its own appeal route, its own deadline and its own evidential burden. A vehicle-licence appeal is engineering-led; a driver-licence appeal is fitness-led; an operator-licence file is usually defended by the operator's own in-house legal team but the driver's evidence on the underlying incident still feeds into it. None of the three appeals is the road traffic claim, and none of the three substitutes for the at-fault insurer's investigation. They run in parallel and they have to be project-managed in parallel.
TfL's published licence conditions and the PHV Driver Handbook treat as reportable any collision involving a TfL-licensed PHV which materially affects the safety, performance, appearance or comfort of the vehicle. That formula does heavy lifting in practice. “Safety” captures any collision that bends a structural panel, deploys an airbag, damages a seat belt anchorage or compromises the underbody. “Performance” captures any collision that affects steering, suspension, braking or driveline. “Appearance” captures any visible damage that could mislead a passenger or the public about the vehicle's status - including a scrape that obscures the TfL plate or the operator livery. “Comfort” captures interior damage, broken air conditioning, a damaged child-restraint anchorage or a wet/contaminated interior.
The drafting is deliberately broad. TfL's compliance team's working position is that the licensee should report and let the compliance officer decide whether to stand a re-inspection down, rather than the licensee deciding on the day. The second category captured by the licence conditions is any incident causing injury - to the driver, a passenger, another road user or a pedestrian - regardless of whether the vehicle was operating under a booking at the time. The third category is anything affecting the driver's or operator's fitness to drive or operate - for example, a roadside breath test, a section 170 RTA 1988 failure-to-stop allegation, or any incident that produces a police caution or charge sheet.
A separate notification duty was introduced in July 2024 by TPH Notice 05/24: every TfL-licensed taxi driver, PHV driver and operator must inform TfL within 48 hours of any arrest, charge, caution or conviction. That duty sits on top of the 72-hour collision-notification duty and runs from the moment the licensee becomes aware of the arrest, charge, caution or conviction. The two duties can apply to the same incident - a serious collision with a police investigation will engage both - and the safer course is to file both notifications even if the same underlying facts are recorded twice.
TFL
Section 3 of the walkthrough.
The 72-hour rule is the headline collision-notification duty for a TfL-licensed PHV. It applies primarily to the owner of the vehicle - the licensee who holds the section 7 vehicle licence - and through the operator's contractual chain it applies in practice to the driver as well. The rule is published in the PHV Driver Handbook and is treated by TfL as a licence-condition obligation; breach is a ground on which TfL can take action under section 8 of the PHV(L)A 1998 against the vehicle licence and (where the driver was on the booking) under section 16 against the driver licence.
The 72-hour clock runs from the date and time of the collision itself, not from the date the licensee appreciated the damage was material. That reading is consistent with TfL's enforcement practice and with the strict-liability nature of most TfL licence conditions. Where a structural concern is only discovered after the bodyshop has stripped the vehicle, the prudent course is to notify TfL immediately on discovery and explain the delay in writing. Late notification is a breach in its own right but mitigation is normally taken into account at the compliance-decision stage.
Notifications go through the TfL TPH email channel - the current address is published on the TfL Taxi and Private Hire help pages - and should attach the following evidence pack: a one-page factual narrative of the collision, scene photographs taken before vehicles were moved, the dashcam clip extracted before the device's rolling buffer overwrote it, the other driver's name, address, vehicle registration and insurer details collected under section 170 of the Road Traffic Act 1988, the police incident reference number where police attended, the driver's certificate of motor insurance and the operator's incident reference number. Keep a dated copy of the notification email - it is the document that proves you met the 72-hour deadline.
The TfL Taxi and Private Hire vehicle inspection network was reorganised in 2023 and is now operated on TfL's behalf by Marston Holdings (formally NSL). The currently published sites are Staples Corner (Aquarius House, Priestley Way, NW2 7AN), Enfield (Watermill Centre, Edison Road, EN3 7XF), Crayford (Acorn Industrial Park, Kent, DA1 4AL), Coulsdon (Redlands, Ullswater Crescent, CR5 2HT) and Heston (Airlinks Industrial Estate, Spitfire Way, TW5 9NR), with a Canning Town option appearing in some published lists. The legacy Park Royal / Beddington Cross site naming used in older driver guidance has been superseded - the current Marston-run network is the one that matters for a post-accident re-inspection in 2026.
The post-accident inspection covers the same matrix as the standard six- or twelve-month TfL inspection plus the accident-specific items the inspector calls out. Structural integrity is checked at every visible repair line; the manufacturer's structural-repair documentation is reviewed for replaced-part part numbers, weld certifications and a method statement. The TfL plate seal is checked - a broken seal is a flag even if the plate itself is undamaged. The in-car camera is checked for power, recording, alignment and footage retention. MOT validity is checked against the DVLA database. Tyres, brakes, suspension and steering are checked against the standard TfL vehicle licensing inspection manual. Body alignment is checked against the manufacturer's measurement points where the inspector calls for it.
Where the inspection fails, the inspector issues a fail sheet specifying the items that must be put right and the licensing decision the file is being escalated to. In a straightforward case the vehicle is repaired or re-repaired, re-presented and passed without a Notice of Refusal ever issuing. In a contested case - typically where the inspector takes the view that the repair is unsafe and the bodyshop disagrees, or where a structural concern was missed in the original repair - a Notice of Refusal or Suspension issues and the 21-day appeal clock starts. The independent engineer's report is then the spine of any subsequent appeal.
Section 7 is the vehicle-licence grant power. TfL may grant a London PHV vehicle licence only where the vehicle is suitable for use as a PHV; the section authorises TfL to attach prescribed conditions and such other conditions as the licensing authority sees fit. Suitability is assessed against the published TfL vehicle licensing inspection manual and the age, emissions and accessibility standards in force at the time. Post-accident, section 7 is engaged on the next renewal application - if the vehicle is no longer suitable, TfL can refuse to renew.
Section 8 is the in-life suspension and revocation power for vehicle licences. A suspension under section 8(2)(b) takes effect on service of the notice. The suspension continues until a constable or authorised officer directs that the licence is again in force. If the licence remains suspended at the end of a two-month period, the authority may by further notice direct that the licence is revoked, and revocation takes effect 21 days after that further notice is served. The owner has a right of appeal to the Magistrates' Court under section 25, with the same 21-day clock running from service of the relevant notice.
Section 13 is the driver-licence grant power. TfL may grant a London PHV driver licence to an applicant who satisfies the fit-and-proper-person test, the medical standards, the topographical and English-language standards, and who holds the requisite DBS clearance. Section 13(2A) added the Certificate-of-Good-Conduct overseas-residence requirement from July 2024 under TPH Notice 05/24 for applicants and renewers who have spent three or more months outside the United Kingdom in the previous ten years.
Section 16 is the driver-disciplinary power. TfL may at any time suspend or revoke a London PHV driver's licence where the licensee is no longer fit and proper, has been convicted of an offence which makes them unsuitable, or has otherwise failed to meet the licence conditions. Section 16 decisions are the ones most often triggered by an at-fault RTA conviction or a passenger complaint following a collision.
Section 17 is the procedure on a section 16 decision. The default rule is that a suspension or revocation takes effect at the end of 21 days beginning with the day the notice is served - giving the driver a window in which to lodge the appeal before the notice bites. Section 17(3) is the exception: where TfL is of the opinion that the interests of public safety require the suspension/revocation to take immediate effect, and the notice includes a statement of that opinion and the reasons for it, the notice takes effect on service. The appeal right is preserved but the driver is off the road from day one. In a serious-incident file an immediate-effect notice is the realistic expectation.
The fit-and-proper-person test is the substantive standard TfL applies to every grant and renewal of a PHV driver or operator licence under sections 3, 13 and 16 of the PHV(L)A 1998. The test is not defined in the Act itself - it is shaped by TfL's published Taxi and Private Hire Policy (most recently re-published in July 2023) and by the Department for Transport's Statutory Standards for taxi and PHV licensing. In practice the test is a balance-sheet exercise: TfL gathers DBS results, DVLA driver record extracts, complaint history, medical reports, the English-language assessment outcome, the topographical skills test result and any criminal-court or licensing-court history, and then applies the published policy to decide whether the licensee passes.
Post-accident the fit-and-proper test is most often engaged through the DVLA record. A CD10 conviction (driving without due care and attention) typically carries three to nine points and is treated by TfL's policy as a moderate red flag - single CD10s on an otherwise clean record can usually be defended; repeat CD10s or a CD10 within an existing licence-warning regime are harder. An IN10 conviction (using a vehicle uninsured) is treated as a serious red flag because hire-and-reward insurance is a regulatory prerequisite of the licence; TfL's policy permits refusal on a single IN10 within the rehabilitation period under the Rehabilitation of Offenders Act 1974. A DR family conviction (drink-driving) is treated as a hard red flag and a renewal application is unlikely to succeed within the standard policy windows.
The appeal route remains the same - section 25 to the Magistrates' Court, with the court conducting a rehearing on the merits. The court is not bound by TfL's policy windows; the policy is a relevant consideration but the court applies the statutory test for itself. That distinction matters in the appeal strategy: a case that fails the policy on a points-and-windows basis can still succeed on the statutory test if the underlying facts are presented in the round, with character evidence, mitigating circumstances and an articulated case on public protection.
The Notice is the trigger document for everything that follows. Its statutory contents are prescribed: it must state the decision (refusal, suspension or revocation), the section of the PHV(L)A 1998 under which the decision is made, the grounds for the decision, the date on which the decision takes effect (either 21 days from service or immediately under section 17(3)), and the right of appeal to the Magistrates' Court within 21 days of service under section 25(5). A notice that omits any of the statutory contents is potentially defective and that defect is a ground of appeal in its own right.
Service is normally by recorded delivery to the licensee's address recorded with TfL or by email to the licensee's registered email address. Section 25(2) makes clear that the appeal clock runs from the date of service, not the date the licensee read the notice - which is why TfL keeps proof-of-service records and why an absent or out-of-date address on the licensee's TfL account is a serious administrative risk. Update the address on the TfL portal as soon as it changes; a notice served to an old address can run the 21-day clock to expiry before the licensee knows the file exists.
The grounds section is the part that most repays close reading. It tells the licensee which evidence TfL relied on, which witnesses were heard, which documents were referenced, and which policy paragraphs the decision was framed under. Each ground is a potential appeal point. The licensee's first response is therefore to read the notice with a highlighter, list the grounds, list the evidence TfL appears to have relied on, and request the underlying material under the duty of fairness and (as a backstop) a subject access request under the UK GDPR. The disclosure response shapes the appeal bundle.
Section 25 is the principal appeal route. It provides that any appeal which lies under the Act to a magistrates' court against a TfL decision in relation to a licence shall be by way of complaint for an order, that the Magistrates' Courts Act 1980 applies to the proceedings, and that the time within which the appeal must be brought is 21 days from the date on which notice of the decision is served on the licensee. The notice itself must state the right of appeal and the time within which it may be brought; absent or defective wording on the notice is a procedural challenge in its own right.
The standard of review is a rehearing on the merits. The Magistrates' Court does not sit in a Wednesbury-reasonableness role over TfL - it conducts a fresh examination of the licensing question on the evidence put before it. TfL is the respondent and bears the evidential burden of supporting its decision. The appellant calls witnesses and tenders documents. The court can receive expert evidence - an independent engineer's report in a vehicle-licence appeal, a consultant psychiatrist's report in a medical-fitness appeal, character witnesses in a fit-and-proper appeal. Cross-examination is permitted. The District Judge gives an oral decision the same day or reserves judgment for a short period.
Practical preparation is bundle-driven. The hearing bundle should be paginated, indexed and chronologically arranged: the notice; the inspection sheet or fitness file; the independent engineer's report; the bodyshop's repair pack including photographs and replaced-part part numbers; the driver's training and licensing history; witness statements from the driver, the bodyshop manager and (where relevant) the operator's compliance officer; character witnesses where fitness is in issue; the appellant's skeleton argument with paragraph cross-references to the bundle; and a draft order. Counsel or solicitors will normally agree the bundle with TfL's legal team in advance of the hearing.
Section 26 provides for an onward appeal from the Magistrates' Court to the Crown Court in defined cases - particularly where the original Magistrates' Court decision is on a question of fact or mixed fact and law. The Crown Court hearing is itself a rehearing. The 21-day appeal clock to the Crown Court runs from the Magistrates' Court decision. Onward Crown Court appeals are rare in PHV licensing because most appellate work resolves at the Magistrates' Court stage, but the route is preserved by statute and should be considered where the Magistrates' Court decision turns on a point that warrants further review.
The Crown Court's appellate jurisdiction over PHV licensing decisions sits inside its general appellate jurisdiction from the Magistrates' Court under section 108 of the Magistrates' Courts Act 1980 and the targeted appeal route under section 26 of the PHV(L)A 1998. In practice the route is used where the Magistrates' Court decision turns on contested fact-finding, where new evidence has emerged that could not have been adduced below, or where the appellant takes the view that the Magistrates' Court did not give proper weight to a particular line of evidence. Pure points of law tend to go to the Administrative Court on case stated rather than to the Crown Court.
The Crown Court hearing is again a rehearing. It is conducted before a Circuit Judge sitting with two lay justices. TfL is represented; the appellant calls fresh evidence as well as repeating the evidence below. The court has the same powers as the Magistrates' Court - to confirm, vary or substitute the original licensing decision. Costs follow the event in principle. The Crown Court's decision is final on the licensing question subject only to a judicial review challenge or a case-stated application on a point of law.
In CityGrip's experience Crown Court onward appeals are reserved for the small number of cases where the Magistrates' Court decision is plainly wrong on the facts or where significant new evidence has come to light after the Magistrates' Court hearing - for example, a subsequent engineering inspection that contradicts TfL's original report, or a witness who could not be located at the Magistrates' Court stage. The cost and timeline of a Crown Court onward appeal are higher than the Magistrates' Court appeal; the decision to escalate is taken with counsel after a written advice on the merits.
Judicial review is the public-law remedy for unlawful, unreasonable or procedurally unfair decisions by public authorities. The statutory foundation is section 31 of the Senior Courts Act 1981 and the procedure is set out in Civil Procedure Rules Part 54. The application is made to the Administrative Court within the King's Bench Division of the High Court. The time limit is the latest of three months from the decision under challenge or as soon as reasonably practicable - and the court has a strong preference for promptness. Permission to bring the claim is a separate stage and is granted only on arguable grounds.
The pre-action protocol for judicial review requires a letter before claim with a fourteen-day response window. The letter sets out the decision under challenge, the grounds of challenge, the remedy sought and the relevant facts. The authority's response either concedes the point, offers an alternative remedy or defends the decision. If the response does not resolve the dispute the claim form is issued, served and goes to the permission stage. Common grounds of challenge in PHV licensing are procedural unfairness (no proper opportunity to respond, undisclosed evidence relied on), Wednesbury unreasonableness, illegality (the decision was outside the authority's powers), failure to consider relevant matters or considering irrelevant matters, breach of the public-sector equality duty under section 149 of the Equality Act 2010, and breach of Article 6 of the European Convention on Human Rights where the licensing decision determines a civil right.
In PHV licensing the alternative remedy of a section 25 PHV(L)A 1998 statutory appeal will normally bar judicial review - the courts expect the statutory route to be exhausted first. Judicial review is therefore reserved for decisions that fall outside the statutory appeal route. Examples include a TfL refusal to grant an extension of time to appeal, a published policy that is challenged as unlawful on its face, a decision to revoke without a procedural step the licensee was entitled to, and a refusal to disclose material the licensee needed in order to run an appeal. In those narrow categories the Administrative Court is the right forum and the section 31 SCA 1981 jurisdiction is engaged.
Step 1
Read the notice and diary the 21-day appeal deadline
On the day the Notice of Refusal, Suspension or Revocation is served, read it through twice. Identify the section of the Private Hire Vehicles (London) Act 1998 cited as the basis for the decision - typically section 8 for vehicles, section 16 or 17 for drivers. Note the date of service and add 21 days: the appeal deadline under section 25(5) is calendar days, not working days, and it does not extend for weekends or bank holidays. Photograph the notice and store the original in a labelled file. The clock has started.
Step 2
Request the underlying inspection sheet and decision file
Email the TfL TPH compliance team requesting the inspection sheet, the inspector's notes and any internal decision memorandum that supports the notice. Where the decision is fitness-based, request a copy of the licensee file referenced in the notice. TfL is bound by the duty of fairness to disclose the material on which it relied. A subject access request under the UK GDPR is the formal backstop where informal disclosure is incomplete - the response window there is one month.
Step 3
Instruct an independent engineer or licensing expert
For a vehicle-based notice instruct an independent engineer to inspect the vehicle, review the bodyshop's repair documentation, photograph the work and produce a written report addressed to the court. For a driver-based notice instruct a PHV licensing solicitor or counsel to review the fitness file. The independent expert evidence is the spine of the appeal: in a rehearing on the merits the court substitutes its own judgment for TfL's, and the strongest expert evidence wins.
Step 4
Lodge the appeal by complaint at the Magistrates' Court
The appeal is by way of complaint for an order under the Magistrates' Courts Act 1980. The complaint is laid at the Magistrates' Court for the area in which the licensing decision was taken - for TfL decisions, the Westminster Magistrates' Court is the default forum. Pay the court fee and serve the complaint on TfL within the same 21-day window. The court issues a summons listing the matter for case-management directions, typically four to eight weeks ahead.
Step 5
Prepare the appeal bundle and witness evidence
The hearing bundle is paginated, indexed and exchanged with TfL ahead of the hearing date directed by the court. Standard contents are the notice, the inspection sheet, the engineer's report, the bodyshop's repair documentation, the driver's training and conviction history where fitness is in issue, witness statements from the driver, the bodyshop manager and any character witnesses, and a skeleton argument cross-referencing the bundle. Where structural repair is the issue, photographs and replaced-part part numbers are critical.
Step 6
Attend the hearing and (if needed) consider Crown Court onward appeal
The hearing is conducted as a rehearing on the merits before a District Judge. TfL is represented by its legal team and calls the inspector or the case officer; the appellant calls the engineer and any factual witnesses. The judge gives an oral or written decision the same day or within a short reserved period. Onward appeal from the Magistrates' Court lies to the Crown Court under section 26 of the PHV(L)A 1998 in defined cases. Judicial review under section 31 of the Senior Courts Act 1981 is the final route where no statutory appeal route reaches the point in issue.
This page is part of the wider UK minicab and PHV vertical. Work up to the hub page for the overall accident-claim framework, or work laterally to the platform-specific pages and the hire-and-reward insurance file.
London-only support for TfL-licensed PHV drivers and vehicle owners after a collision or a Notice of Refusal, Suspension or Revocation. Independent engineer evidence, bodyshop documentation review and Magistrates' Court appeal coordination under PHV(L)A 1998 section 25. CityGrip Accident Claims (Citygrip LTD).
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