Request ID: FOI-0923-2122 Date published: 03 September 2021
You asked
1. Can you please provide TfL's policy or any email communication within the last 12 months regarding Freenow allowing Taxis and PHV's being booked on the same app?
2. While it is not defined in law. Is it correct to say that plying for hire on an app can only exist when a driver and vehicle can be identified on the app and a potential can pick a vehicle & driver directly from the app?
3. Did the Reading Borough Council v Ali judgment comfirm that plying for hire doesn't exist from the simple depiction of a vehicle icon on an app that cannot be identified as a specific driver or vehicle or cannot be specifically chosen by a potential passenger?
We answered
Our Ref: FOI-0923-2122
Thank you for your request received on 7 August 2021 asking for information the FreeNow app.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy.
1. Can you please provide TfL's policy or any email communication within the last 12 months regarding Freenow allowing Taxis and PHV's being booked on the same app?
Unfortunately, to provide the information you have requested would exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.
Under section 12 of the FOI Act, we are not obliged to comply with a request if we estimate that the cost of determining whether we hold the information, locating and retrieving it and extracting it from other information would exceed the appropriate limit. This is calculated at £25 per hour for every hour spent on the activities described.
We have estimated that it would cost over £450 to provide a response to your current request. This is because it is estimated that it would take in excess of 18 working hours to retrieve and compile the information you have requested as we would have to carry out a broad search in order to try and ensure we captured all relevant material. If you would like to submit another request we recommend you outline, as clearly and concisely as possible, precisely the information you require. Requests that lack a clear focus are more likely to lead to concerns about the processing time required to meet our obligations under the FOI Act.
2. While it is not defined in law. Is it correct to say that plying for hire on an app can only exist when a driver and vehicle can be identified on the app and a potential can pick a vehicle & driver directly from the app? 3. Did the Reading Borough Council v Ali judgment confirm that plying for hire doesn't exist from the simple depiction of a vehicle icon on an app that cannot be identified as a specific driver or vehicle or cannot be specifically chosen by a potential passenger?
Please note that the two questions above are requests for opinion, not recorded information. Therefore they fall outside of the scope of the FOI Act.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
