Uber Dealt Fresh Blow by French Court

Constitutional Council upholds parts of transport law aimed at reining in car-hailing firm

The logo for Uber is shown on a vehicle in San Francisco, Calif. on May 7.

PARIS—Uber Technologies Inc. lost a round in its ongoing legal battles in Europe, when a French court upheld parts of a transport law aimed at reining in the California-based car-hailing firm.

The decision is a fresh blow to Uber, which faces a more important ruling on other elements of a law passed last October, in particular one that criminalizes Uber’s low-cost service, Uberpop, which uses drivers without commercial licenses.

The Constitutional Council on Friday upheld provisions in the law that make it illegal for companies other than taxi firms to show the live locations of available cars on a map—a well-known feature of Uber’s popular app. the court also said drivers with Uber and similar companies must return to a garage between fares if they don’t have a reservation booked when dropping off their last customer thus preventing them from driving around in search for customers.

However, the news wasn’t all negative for Uber. The council, which oversees the constitutionality of laws, struck down the provision that banned Uber and similar companies from charging customers by the distance traveled and the time spent in the car.

The council also ruled that the garage provision must be extended to all cars, even taxis, though these can use the area in which they are licensed for as a base.

Uber said that the decision was “excellent news” for its more than 6,000 drivers in Paris and all its customers.

Even though the decision forcing Uber drivers to return to a garage was negative for Uber, the company said it welcomed the fact that the court “considers taxis and cars with drivers must be treated in the future in an equal way by legislators and the executive power.”

On the geolocation ruling, Uber said the legal proceedings aren’t over because the Paris Appeals Court is yet to rule on whether the law applies to Uber. A spokesman said the company also believes it can make changes to its app in France if necessary to comply with the law while still using some elements of geolocation—such as showing all Uber cars, not just available ones, or showing only the next available car, not all available cars.

The rulings come amid a broader backlash in Europe that could temper Uber’s rapid expansion.

The company, which has been valued at $41 billion, has upended the heavily regulated taxi marketplace, angering traditional taxi operators, and leading to conflicts with regulators, who argue the company often flouts their rules.

Uberpop has been banned in Germany and suspended in Spain and the Netherlands. In March, French officials raided Uber’s Paris office as part of an Uberpop-related criminal investigation of the company.

Uber has responded with a flurry of legal appeals at the national and European Union level. In Brussels, the company has lodged complaints against France, Germany and Spain alleging that the countries’ rules that would criminalize Uberpop violate EU treaties, including the right to freedom of enterprise. Those complaints are still pending.

Source: The Wall Street Journal

FBI investigates as ‘phantom’ cab rides appear on hacked British Uber accounts

Speculation that account credentials of of customers using the taxi app were sold on ‘dark web’
Black-cab drivers are demanding that the Uber licence be revoked.

Black-cab drivers are demanding that the Uber licence be revoked

The FBI in the US is looking into how British users of the taxi-booking app Uberhave been charged for journeys they did not either book or make.

The minicab service, which charges users a fare depending on demand and distance travelled, says it has found no evidence of a security breach, although a number of UK users say they have had money withdrawn from their accounts for phantom trips.

The development comes as Uber is thrust into a major political battle that could see the introduction of laws designed to curb its growth.

In response to mounting opposition to the service from London’s black-cab driversmayor Boris Johnson is understood to be pushing for the inclusion in this week’s Queen’s Speech of a proposal to cap the number of minicab licences in the capital.

Uber users reporting that their accounts have been compromised in recent weeks include TV presenter Anthea Turner, who tweeted to Uber: “Account has been hacked nothing to help me on website – this is ridiculous.”

Another user said: “I woke up in London to find it said I had taken a $260 [£170] ride in a limousine in California. Because of the time lag, it had been ordered in the middle of the night here. I didn’t receive the notification until I looked at my phone in the morning.”

This follows speculation that Uber users’ account credentials have been found for sale on the “dark net”, a collection of thousands of websites that use anonymity tools to hide their internet provider address to enable them to carry out criminal activity. Once purchased, these accounts reportedly allow buyers to order rides using whatever payment information is on file.

The rapid rise of Uber has prompted a furious response from London’s black-cab drivers, who recently warned mayor Johnson that the death of the industry would take place “on his watch” unless he revoked the app’s licence.

Although Johnson has admitted that Uber’s popularity is driven by “the desire of millions of people in London to travel more cheaply”, he appears determined to help halt its growth.

The number of minicabs in the capital has increased by nearly a fifth in the past year to more than 78,000. Uber has about 14,000 drivers in London, making it the largest provider of private hires in the city. The number of minicabs in London is thought to be increasing by around 1,000 a month, and the UK alone has a million registered Uber users.

Uber has said moves to curb its activities would mean higher prices for millions of travellers in London.

Jo Bertram, the head of Uber’s business in the UK, has said new regulations should “protect people, their personal safety and their pockets, not hamper innovations they value and that make their lives easier”.

When asked about the compromised accounts, he said Uber users should make sure they used unique passwords and confirmed that the company had notified the US authorities that accounts had been violated as they investigate the security breach.

“We take any issue of this nature very seriously and, after investigating, have found no evidence of a breach at Uber. Attempting to access and use Uber accounts fraudulently is illegal and we notify the authorities about such activity.”

Bertram added: “Anyone who is charged for a trip they didn’t book or take will get a refund.”

Last week the first test vehicle for Uber’s self-driving car programme was spotteddriving around the streets of Pittsburgh.

Source: Guardian

Licensed Unlawfully, TfL Still Turning A Blind Eye To Protect Uber.

On Friday 22May, an open letter to Boris Johnson from Addison Lee’s chief executive Liam Griffin appeared in the Financial Times. It describes TfL’s response to the rise of Uber and similar operators as “deplorable”.

TfL’s hesitancy “to apply the same regulatory standards for private hire operators to app-based firms has enabled these e-hailing services to distort public perception of the wider sector”, Mr Griffin said in his letter.

He welcomed Boris’s review of private hire regulations but said the proposal to cap numbers is “an unworkable and outdated solution; a panic measure being brought forward in the attempt to get TfL off the naughty step”.

Mr Johnson has said that the increase in private hire vehicles — numbers have risen by a fifth in the past year to 78,000 — has led to greater congestion in London, more air pollution and more illegally parked cars. His staff insisted the mayor was not on a witch hunt against Uber.

But Mr Griffin argued that the cause of the problem was not the existence of operators such as Uber but TfL’s failure to enforce regulations properly by “turning a blind eye to the new e-hailing operators’ behaviour”.

Mr Griffin therefore calls for an “overhaul of the regulatory system to accommodate and address the needs and issues of the modern transport environment”.

>Read Mr a Griffins Full Letter, Click Here<.

Leon Daniels, TfL’s managing director of surface transport, said: “We have not treated, and do not treat, Uber any differently to any other London operator and we are satisfied that Uber complies with private hire licensing requirements.

“Where the requirements are met, we are legally obliged to grant an operator’s licence.”

Really Leon?

Why was the requirement for a land line to take pre-bookings dropped in Uber’s case? (It’s actually on the aplication form. Was it because uber don’t do pre booked jobs….they a replying for immediate hire! Isn’t that unlawful Leon?

 

Below is an Email train sent to us by Steve Garelick, Branch Secretary Professional Drivers G56:

It would appear to us that not only were Uber Licensed even though they did not fully comply with PH regulations, TfL are still bending over backwards, turning a blind eye to protect them.

From: Steve Garelick @ GMB Drivers

Subject: Uber – Suspension of Licence

As you will be aware I tested Ubers system to confirm if a driver could drive uninsured or with false documents without immediate detection.

This has been proven and I again tested the system at the weekend to prove no substantive change has taken place.

Additionally one of TfLs Prerequisites is a book of complaints is supposed to be kept with appropriate resolutions.

I am doubtful that considering Uber have removed and restarted their twitter feeds that a full list of complaints is not in place.

Further to I understand that the UGC have kept a copy of the old Twitter feed of complaints which are at over 8000 this is a staggering amount even for a company of so many accomplished journey’s.

It would be hard to confirm this without actual data from twitter users which makes me question why the feeds with original complaints has been removed.

The fact that no inspection in person of validity of documents is a concern.

A further aspect of compliance is consistent  complaints of rider accounts being used by other individuals.

This would point towards hacking or sales of client data.

Additionally the fraudulent transactions breach PCI DSS rules. Understandably data protection is a specific aspect of licence applications as well as financial probity.

On this basis I believe that Uber’s licence is not fit for purpose.

I might add that when initial licensing had taken place I questioned John Mason nearly 2 ½ Years ago and he advised me in a meeting at TfL that he licensed the company personally and all was in order.

This clearly was not the case.

I understand that if Uber’s licence is revoked they will switch tack to a ride share scenario not only are the DBS issues but this will question the ethicacy of this company further.

Notwithstanding my evidence and concerns I believe it is time to find a meaningful solution.

I am also concerned that not only are devices being exchanged between drivers (Something I foresaw and mentioned previously.) but there is clearly a avoidance of tax as I understand you may nominate overseas accounts. This may also be leading to benefit abuse.

Stealing benefits from those who really need them is not only unacceptable but immoral.

GMB would now formally request a suspension of Uber London’s licence until solutions if any can be found.

Steve Garelick

Branch Secretary Professional Drivers G56

From: Hayward Siwan

Subject: RE: Uber – Suspension of Licence

 

Dear Steve

 

Thank you for this and I apologise for the delay in responding. We have looked into each aspect of your allegations.

 

We recently undertook a compliance inspection at Uber London Ltd and we are satisfied with the insurance in place for all their active drivers. We also reviewed their complaints system.

 

We are looking further into the hacking allegations and will keep you updated when we have reached a conclusion.

 

 

All the best Siwan

Subject: Your response to my request for suspension – Uber

 

Hello Siwan,

 

I was staggered to see the response I received on Friday.

 

It seems that despite my evidence to the contrary proving indefatigably that a driver could work without insurance this seems to have been dismissed as a misnomer.

 

Furthermore I am wondering what happens to the previous documents that are on Ubers system because when I uploaded documents in the first instance my insurance was still in date rather than add this back to their system I was requested to despite a request to upload a pre-existing document they should have still had.

 

This took place prior to my testing the system for alternative upload options.

 

Does this mean that documents are deleted from their database as a matter of course despite specific rules to the contrary?

 

Likewise I am doubtful that The high level of daily complaints that can be seen on twitter alone are catalogued as per TFL instructions and that all are showing within Ubers complaints book.

 

Judging by the deleted tweets we conclude this is being obfuscated to protect Uber from bad publicity.

 

You have not responded to our request on how you wish to handle the breach of data protection based on the 200 Driver names received in error from Uber.

 

This was sent some weeks ago.

 

I have been able to furnish yourselves with multiple instances where I was able to log on to the Uber platform and be allowed to drive with inappropriate documents such as restaurant menus and GMB application forms.

 

Despite recent changes to the document system it is still possible to upload a fake insurance document without detection.

 

Just because changes may satisfy you now this does not absolve this company.

 

This would be like saying because a mugger did not mug anyone recently that they were not guilty.

 

To ignore this and choose to rely on your own data is inexcusable.

 

I have now provided clear proof that Uber accounts are available and that data protection as well as card protection are not in place.

 

A response from yourself asked for me to contact the Police.

 

I can advise  that unless TFL make a test purchase under secure conditions no case can take place as I am not prepared to buy illegally obtained data to prove illegality.

 

It seems to me the onus that you have set down to me on more than one occasion is not only unreasonable but unacceptable as you are supposed to be upholding the law.

 

The general view of those involved in both Private Hire and Taxi in London is that there is a level of protection granted to Uber that does not exist to others.

 

Unless you can publicly dispel these views the presumption will continue.

 

Please explain why my evidence has been ignored.

 

Additionally can you now confirm NO Licensed operator requires a telephone number after their inspection for Public contact as both Uber and Hailo have none in place.

 

As soon as you can confirm this we will act to advise the trade promptly.

 

I would also like to understand why the data protection issue has been dismissed.

 

The clear level of complaints on Twitter alone beyond 8000 being what they are within the complaints book with appropriate action and client addresses and resolutions.

 

How with consistent overcharging, charging for others journeys, journeys not booked and proof that drivers are not taking correct routes that TFL finds no wrongdoing is beyond me?

 

The case for financial probity is now proven but ignored by TFL.

 

Understandably I will now repeat my request to revoke this companies licence.

 

Finally despite an article that went in to the Evening Standard in my name missing a portion of the interview with the reporter you wrote in somewhat terse terms  which asked for an apology and questioned why I had not alerted yourselves to matters when had indeed emailed yourselves and others.

 

I am still awaiting an apology for the fact I had indeed emailed and you had chosen to ignore me.

 

It will come as no surprise that my being elected to my position was based partly to preserve safety for PHV and Taxi users and of course for my not unsubstantial membership but also to help with my Professional experience to improve the quality of life for those who work in our trade .

 

To continue to treat myself and my membership in this fashion is not only disappointing  it is deplorable.

 

It is my belief that I have treated TFL staff with the upmost courtesy over the recent years and what I am seeing in return is disappointing.

 

Indeed your TFL council has exhibited a similar propensity for discourtesy as to not respond even with an acknowledgment to my recent reply to him despite the clarity of my response.

 

Understandably I am more than petered.

 

Steve Garelick
Branch Secretary Professional Drivers G56

Read Steve Garelick’s emails to John Mason in full, concerning the licensing of Uber in 2012 >Click Here <

Update on City Hall, MQT 21st May 2015 : Caroline Pidgeon Tells Boris to Grow Some.

Just a quick update on City Hall…

Well it was certainly ‘eventful’… shall we say!

There were less cabbies there than any of the last three, which was disappointing, but still enough to fill the big auditorium, bar only a handful of empty seats.

Once again the trade sat there in silence listening to Boris bluster his way through all the other stuff. Then it was GLA member Val Shawcross’ turn to grill him. And she didn’t let us down!

She told Boris in no uncertain terms that the Taxi trade was almost dead thanks to his and TfL’s incompetence. By not taking control of Ubend he has let them obliterate our industry!

 
..

 
Val’s interrogation was closely followed by Caroline  Pidgeon, who bought up the fact that drivers without insurance were coming to London from as far away as Manchester to work unlicensed for Uber.
She also told Boris he didn’t have the guts to stand up to Uber.
Both these videos are a must watch….

..
All Boris could reply was that it was a “Free Market”.

Is it a Free Market?

What’s ‘Free’ about having the tools you can use and the price you must pay for them dictated to you?

What’s free about having no say in the price you can charge your customers?

What about the dozens of regulations we have to abide by that the scabs don’t?

And oh yeah let’s not even acknowledge the Knowledge which we all had to do…that the scabs don’t!

And the list goes on…

Don’t give us this ‘Free Market’ cobblers you Cretin when it’s anything but!

Well, as you can imagine, this certainly got the crowd going, with people starting to heckle & catcall Boris.

AND I DON’T BLAME THEM!

Boris Johnson’s attitude was one of… ‘There’s nothing I can be arsed to do, that’s the way it is, you lot are history…Tough!’

“Its a free market, live with it”

And that was when most of the trade got up and marched out!

I know the guy who led the mass exodus (no names mentioned) feels a bit bad for letting the trade down, but don’t be mate, it had to happen. Boris needs to know the anger in this trade, because he certainly isn’t getting this info from his so called ‘Advisor’!

Three times now we have sat there on our best behaviour, letting the GLA get on with their work. Well done all.

Now I’m not one to suffer fools gladly and this Buffoon has virtually kicked the door shut in the taxi trade’s face.

Gloves off if you ask me!

Those of you who manage to get to see the footage on the Parliamentry Channel, (Re-run I might add because the live footage suddenly switched to Scottish Parliament just as they announced Taxis….SPOOKY!) will hear me shouting at Boris about the Windsor House demo next tuesday.

“See You Next Tuesday” Boris… Oh the irony!

I told him it was going to be the biggest Taxi demo he’s ever seen. Don’t let me down folks. This is OUR job, our trade, our livelihoods. We can’t just let this bunch of muppets take it away from us. We are gaining real momentum and we must keep the pressure on them. And the best way to do that is numbers.

This needs 000s of us. It should be ALL of us, but we all know there are some who will never do anything for anyone. They will probably be the first to scream “Why didn’t somebody do something”? Please don’t be one of them. And if you have been, please change, this is critical now, its no longer a joke, its here, its in our faces, and it is real!

Spread the word…

Drive-in/On Foot Demonstration…Tuesday 26th May…Windsor House, Victoria St.

Those of you who are in a taxi trade org…Phone them now and ask them if they are supporting the demo?

LTDA    020 7286 1046

LCDC   020 7232 0676

Unite     07903 525520

The RMT voted against supporting it by a majority 14/13, and obviously the UCG have called it.

Any trade org who does not support this is simply undermining the efforts of those that are, and is the reason why we go round and round in circles.

And this is exactly the reason why TfL are allowed to get away with it. Boris always trots out the line… “We consult with the taxi unions, they don’t support this, its only a small group of militants”.

And round & round we go, getting screwed into the ground!

So call up your trade org now, ask them if they are supporting it? Demand to know why not if they say no.

Then decide if they are worth the money you pay them?

Don’t let them mug you off!

Anyway, thanks again for your time, and likewise the LTDF.

Keep punching…See you Tuesday…Dizzy.

Letter To Editor : Eddie Symes’ Reply To Steve McNamara, In Regards To Monday’s Meeting.

This is the email reply, HATDU Chairman Eddie Symes sent to Steve McNamara LTDA, with regards to Mondays meeting.

Hi Steve

Thanks for the invite to the taxi trade meeting on Monday 18th May.

I regret to inform you that HATDU will not be attending for the following reasons, on 23/3/15 HATDU asked to be invited to attend a meeting hosted by Siwan Hayward [TFL] regarding enforcement in London and at Heathrow.

As HATDU are the only taxi trade organisation whose membership are all registered to work at Heathrow we believed that we should be allowed to represent our members on an important issue regarding Heathrow.

On 24/3/15 Siwan Hayward consequently invited HATDU to attend this meeting on condition that the UTG [LCDC, LTDA & Unite] had no objections.

We were then informed by Siwan Hayward on 29/4/15 that Unite had opposed HATDU attending as this could lead to other trade organisations [UCG & RMT?] being allowed into meetings in future and we assume that the LTDA supported Unite on this issue as the invitation was withdrawn.

The HATDU Committee are also disappointed that HATDU is not represented at the current consultations regarding c/card acceptance by London taxi drivers as we are the only trade organisation that actually manages a processing business for its members and we believe our seven years experience in this field would be invaluable to point out the potential benefits and pitfalls involved especially at Heathrow.

At a time when the taxi trade is under attack from many directions we believe that all trade organisations should come together and show a united front but unless all trade organisations are allowed into all relevant meetings with TFL, GLA, Mayor’s office and Mr Bob Oddy this will not happen.

You can’t pick and choose which meetings HATDU can attend.

I also take issue with your remark on the answerphone message that I was being invited because I’m a ” face” at Heathrow.

Whilst this may be true after working there for 37 years, I believe that I should have been invited as the Chairman of HATDU a legally registered Society with the 3rd largest membership of any organisation only consisting of Licensed London taxi drivers, apologies to UCG if I’m wrong with my figures.

I will be copying all relevant parties to this e-mail.

Regards

Eddie.


     With thanks to Eddie Symes