Cabbies win victory over city council in camera car parking ticket row
Tuesday, April 19, 2011
Taxi drivers have won a shock victory in their long-running battle over traffic penalty notices issued by Plymouth's camera car.
Private hire drivers, who have been fighting a council crackdown on illegal parking, yesterday hailed the victory by Tower Cabs driver Martin Guther as a major defeat for Plymouth City Council.
Mr Guther appealed to the Traffic Penalty Tribunal against a fine for stopping on a city roundabout.
But a council spokeswoman insisted that the decision would not mean a change in parking policy. It was the latest round in a campaign by taxi drivers, who say it is unfair that Hackney cabs can drop passengers where they like, but not private hire cars.
They say that wardens turned a blind eye for years until the city council introduced a new camera car last autumn.
The car has recorded private hire drivers as well as ordinary motorists stopping to drop or collect passengers in Old Town Street, New George Street, St Andrew's Cross roundabout, Royal Parade, Derry's Cross, Charles Street outside the northern entrance to the Drake Circus mall and Mutley Plain.
Mr Guther was given two tickets after being photographed in October last year. He appealed to Plymouth City Council, which let him off the first ticket, for stopping in a bus bay.
The council refused to give way on the second, which was for stopping outside the Co-op shop on St Andrew's Cross. Because he refused to pay up immediately the cost of the second ticket escalated from £35 to £105.
Mr Guther claimed there were no warnings that a camera car was being used.
"The council had not told us about the camera car and had not set aside anywhere where we could safely drop off."
Jonathan Middleton, the adjudicator, asked the city council in February for evidence that it had put up correct signs. The council failed to provide the evidence, and Mr Middleton ruled against it last month.
Peter Bresland, director of Tower Cabs, welcomed the decision. He said: "The council has had to do a major U-turn allowing taxis to drop off and pick up. I would imagine that anyone who has had a fine can now appeal."
"Plymouth businesses are struggling already and to further restrict customers coming in and out is ridiculous."
He said there was "still an issue" with the council, which was refusing to budge over picking up customers outside restaurants and pubs, and waiting at cashpoint machines.
The council spokeswoman said: "In this particular case we did not supply background information requested by the adjudicator, which is why the appeal was allowed."
"This was an oversight and we will work to ensure that such information is always supplied promptly in the future."
She said the council had won previous appeals after supplying details of existing warning signs and their locations.
"There are signs on the eastern, northern and western routes into Plymouth, as well as across the city, letting motorists know that enforcement cameras are in use."
"We are planning to install more signs – particularly in 'hot spot' areas where we have seen more traffic order contraventions – to deter illegal and dangerous parking."
Source; http://www.thisisplymouth.co.uk/news/Ca ... ticle.html
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