The Law & You: Bilking (or runners)

Non-Payment of Fare-Is it a Civil Matter?

Bilk/ Bilk·ing (trans vb)

To defraud, cheat, or swindle: made millions bilking wealthy clients on art sale:
To evade payment of: bilk oneʼs debts.
To elude.Bilker (n.)
We have run this particular Law & You several times, but we keep getting asked to clarify the legal position, mainly because the response of the police is patchy to say the least “Itʼs a civil matter mate take them to the small claims”. The problem is that there are varying degrees of non-payment; on one hand there is the ʻgentlemanʼ and sometimes lady that opens the door and takes off like Usain Bolt, now thereʼs an outside chance that he (or she) is training for the Olympics, but if that happens to you, youʼre on fairly safe ground that he (or she) is trying to evade payment. And the opposite of that is the person that refuses to pay because they think they are being overcharged or the cab driver has taken them on a tour of the area.With the passing of the Fraud Act has made the situation clearer that if a person hires a taxi without the means to pay, they are committing an offence. Therefore the “I thought I had a £20 note – I must have lost it” or “I thought Iʼd be able to pay at the other end but my mum/dad etc havenʼt got any money” cannot now be considered a civil matter.

Obtaining services dishonestly Section 11 Fraud Act 2006

(1)A person is guilty of an offence under this section if he obtains services for himself or another—
(a)by a dishonest act
(2)A person obtains services in breach of this subsection if—
(a)they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b)he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c)when he obtains them, he knows—
(i)that they are being made available on the basis described in paragraph (a), or
(ii)that they might be, but intends that payment will not be made, or will not be made in full.

The Usain Bolt scenario is covered by the section below and THAT is an arrestable offence plain and simple.

Theft Act 1978 Section 3. Making off without payment.— a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

Finally there is non-payment because the hirer is dissatisfi ed with the service or believes they have been ʻripped-offʼ because of a faulty meter or that the driver has not taken the most direct route.

Situations like these are not covered by the aforementioned legislation and the police then quite legitimately say that it is a civil matter and would probably suggest a compromise. Nevertheless, you can point out to the police that it is an offence for a taxi or private hire driver to prolong a journey (section 69 Local Government (Miscellaneous Provisions) Act 1976) and it also illegal to charge more than the table of fares (s54,s55 of s58 of Town Police Clause Act 1847 depending on the circumstance) and suggest that they pay you and then make a formal complaint against you if they are so aggrieved.

Oh and one more thing – never accept part payment; under legislation you cannot charge more than the tariff sheet, but you can charge less, and therefore in the eyes of the law there would be no case to answer.