A WALTON taxi driver feared he may be put out of business by a “ludicrous” council rule before securing victory in a court battle.

Tendring Council tried to revoke the taxi licence held by Derek Hicks, owner of Walton-based Shore Taxis, after discovering its own cab seat mistake.

The council has a 12-year-old policy in place restricting taxi drivers with certain vehicles – including the Ford Galaxy – to carrying five passengers.

Mr Hicks has been driving his Ford Galaxy taxi for several years and was given a six-seater licence by the council in error – breaching its own regulations.

But last year the council realised its mistake and tried to strip him of his licence.

Mr Hicks would have been ruined by the move and vowed to fight the council in court.

He said: “If this went ahead I would have had to remortgage my house. It would have had an awful effect on me and the business.

“I couldn’t believe the council wanted to do all this, and spend taxpayers’ money on fighting over what is a really ludicrous rule in the first place.

“I just knew I wasn’t going to back down and had to fight it.”

Mr Hicks clinched victory in court at the end of last year with the help of Powells Walton Solicitors and can now legally use his car as a taxi again.

A judge overturned Tendring Council’s decision to revoke the licence and ordered the authority to pay compensation, as well as the court and legal fees.

The council decided not to appeal the decision.

Mr Hicks said: “When the decision came in it was just overwhelming relief.

“It wasn’t a case of hands in the air and celebrating victory, I was just glad it was over. If it had gone the other way I could have lost everything.

“Hopefully the council will look at this and realise the rules need to change, but it’s a shame it has taken something like this for them to sit up and take notice.”

Tendring Council says its seat policy was created to make sure passengers are safe – but has now launched a consultation to explore updating it.

Members of the council’s licensing and registration committee have decided it is time for an update due to developments in vehicle technology and safety.

Committee chairman Mark Platt said the court decision only applies to Mr Hicks, but feels it is the right time for a full policy review.

“Times have changed and these type of vehicles seating up to eight people have improved and been upgraded in so many ways,” he said.

“The committee believes it is only right and proper to look into the issues again and take on board the views of all interested parties.

“The aim is to decide whether we need to make changes or keep things as they are with all options open.

“The over-riding consideration will be the safety of fare paying passengers in licensed multi-purpose vehicles in the Tendring district.”

The 12-week consultation will take on board views from taxi drivers and firm bosses, the Tendring District Taxi Association, the fire service, as well as mobility groups, safety groups and the wider public.