Our application to JR and become an Interested Party

Currently, we do not have a specific date for our efforts to JR TfL's decision to refuse Uber a license but we hope to be able to update you in the coming weeks. On the 13th February 2020 UTAG were represented by David Matthias QC in our application to become an interested party, before Westminster Magistrates Court. The court shall provide its decision on this matter on 27th February 2020.

Can we hold TfL to account?

One of our aims is to bring a claim against TFL. Our legal team are of the opinion that TfL has facilitated the conspiracy to cause economic loss and wrongful interference with our exclusive right by its action or inaction. The legal team are also of the view that there is a potential claim against TfL for breaching its statutory duty, by failing to police and regulate the statutory regime. This would be a claim in damages for economic loss.

Am I due compensation?

Damages by way of compensation are not UTAG's primary concern although they are obviously an important consideration. The central issues are to re-instate the two tier system and to hold TFL to account over its systemic failure to regulate that two-tier system, including Uber. Working out loss will be a major exercise and one that will be undertaken in due course allowing the legal team to concentrate on the job in hand. Drivers that donate £250.00 or more shall be invited to become Members of United Trade Action Group Ltd. Should UTAG proceed with a compensation claim, only Members shall benefit from compensation paid.

What is required from you?

It is a fact that when the taxi trade is fully behind something, we are a formidable force. As UTAG's action relies on donations, drivers will need to play a strong part in fundraising. You can assist UTAG by notifying and positively promoting the message to other drivers and your customers.

Is UTAG a political group?

No, UTAG is apolitical and has been formed solely to manage the legal process against Westminster Magistrates Court, Transport for London and Uber

How do I contribute?

Please make donations to: Account name: United Trade Action Group Ltd Sort code: 04-04-68 Account number: 94774376 Bank name: Clearbank Or to setup a Direct Debit, choose from one of the options below: UTAG £5.00 per week x 50 weeks UTAG £10.00 per week x 25 weeks UTAG £125.00 x 2 payments UTAG £250.00 one-off payment

Can I contribute if I am not in the United Cabbies Group?

Although two of the original founders are members of the UCG, UTAG is totally independent from UCG and is apolitical. The fund raising is open to everyone and all donations are welcome. However we would like drivers to consider a contribution of £250.00. Options as follows: (i ) £250.00 as a single contribution (ii) £125.00 per week by direct debit for 2 weeks (iii) £50.00 per week by direct debit for 5 weeks (iv) £10.00 per week by direct debit for 25 weeks (v) £5.00 per week by direct debit for 50 weeks
Please see "How do I contribute?" section if you wish to pay directly to the UTAG bank account.

How did UTAG come about?

UTAG started as a collaboration between Trevor Merralls and Angela Clarkson of the United Cabbies Group (UCG) and 5 taxi business stakeholders

What am I committing to by registering my interest in donating?

At this stage you are committing to providing your name, badge number and contact details. You are not formally committing to taking part in the litigation just by registering your information.

Will my name, personal and financial information be kept confidential? Where will this information be stored, who will see it and how will it be used?

Your information will be held securely by the UTAG and will not be shared with anyone for marketing purposes. Under the General Data Protection Regulation (GDPR) you have a legal right to request the information held about you at any time.

Can I remove myself from the group action at any point?

Once you have agreed to participate and donated to the fund you may withdraw from the legal action. However, your financial contribution may not be returned.

Are there any risks associated with me taking part?

Drivers who participate will become members of United Trade Action Group Limited ("UTAG"). UTAG is a company limited by guarantee without a share capital. By paragraph 2 of the Articles of UTAG the liability of the individual members is limited to £1 in the event that the company is wound up. Further, UTAG have sought cost advice from leading council who advises as follows: "I consider it unlikely that individual small contributors to the funding of the JR would be held to be liable for any adverse costs."

Media coverage. will I need to participate in this?

Your public support will be invaluable, however at the early stages when facts are explained to the media we request that all media approaches are directed to the appointed Press Officer or the Drivers Advocacy Committee.

Is the action open to businesses within the trade, or just individuals?

Unlike other legal action UTAG's legal action(s) is open to both active badge holders and stakeholders, whose business has been and is affected by the decisions taken by the Westminster Magistrate's decision, TFL and the Uber business model.

What are the estimated costs for these three legal actions?

Estimated costs for all three claims are c£1.5m + VAT.

What is the name of the commercial entity that shall manage the legal process?

United Trade Action Group Ltd. * Any reference to UTAG is a reference to United Trade Action Group Ltd.

Who are the Directors of United Trade Action Group Ltd?

The Directors are Trevor Merralls and Angela Clarkson, however, in the coming months the board shall be expanded to a minimum of five.

Why is United Trade Action Ltd, limited by company guarantee?

A company limited by guarantee does not usually have an issued share capital or shareholders, but instead has members who act as guarantors. The guarantors give an undertaking to contribute a nominal amount in the event of a winding up of the company. Limited by Guarantee companies are used for non-profit organisations that require legal status.

Is UTAG registered for Value Added Tax "VAT"?

UTAG has not been incorporated to be a trading company and the advice received is that UTAG is not able to register for VAT, as there is no onward trade in goods or services. Due to no onward trade, UTAG is not able to reclaim VAT. United Trade Action Group Ltd has been incorporated for the sole purpose of managing the legal processes against TfL and Uber.

How will the donations be utilised?

UTAG's fundraising estimations are based on a minimum of 7,000 drivers each donating £250.00 towards an estimated total £1.5 million + VAT in legal fees. All funds from initial donations shall be fully utilised by paying legal fees for gaining the right of a JR and the preparatory legal work for the hearings whether the action(s) proceed or not.

Becoming a Member of United Trade Action Group Ltd

Drivers who contribute £250.00 or greater will be invited by UTAG to become a Member. Members will play a role in the decision-making process, such as distribution of any excess funds, and whether the Board should be expanded or reduced.

© 2018 UTAG

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