Minicab driver gets parking ticket for helping blind disabled OAP out of car

Driver furious at council: “I had no choice. Without my help, she would have fallen over.”


A minicab driver has slated ‘heartless’ council bosses after he received a parking ticket while helping a blind and disabled pensioner out of the minicab.

Raja Ullah was guiding 81-year-old Pat Walsh to the doorway of a shop in Harborne, Birmingham, when traffic wardens struck.

He admits being on double lines, but insists the good deed was over in less than two minutes.

“I had no choice,” the 49-year-old insisted. “Without my help, she would have fallen over.”

Raja, a driver for Edgbaston’s Falcon Cars, is appealing the penalty – despite warnings the £35 fine will rise to £70 if he hasn’t coughed-up by April 23.

“I have to fight this,” he said, “if I don’t it could happen to someone else helping a disabled person.”

Wardens struck as Raja helped Miss Walsh – a regular customer – into a convenience store on St Johns Road.

“I tried to explain,” he insisted, “but they didn’t want to know.

“Of course I think it is heartless – I was helping someone.

“I’ve only had one other ticket and that was my fault. I paid. But this is unfair. I don’t believe in taking the law into my own hands, but I’m fighting this one.”

He is being supported in that fight by Miss Walsh, who is registered blind and suffers knee problems and giddiness.

She has used Raja as a driver for two years – and has always been given a helping hand.

She said: “I think it’s unfair for them to prosecute people who are trying to do their best for elderly people. They should clamp down on the young lads and girls drinking and causing trouble.”

A Birmingham City Council spokesman stood by the warden’s actions – and pointed out Mr Ullah was parked during a loading ban, a no-go area – even for disability badge holders.

He said: “The Penalty Charge Notice was correctly issued, as there was a loading ban in force at the location when the vehicle was parked.

“Disabled badge holders are not permitted to park for any amount of time while a loading ban is in force. For safety reasons, a Penalty Charge Notice will normally be issued instantly to any vehicle seen to be parked during a loading ban.

“If Mr Ullah wishes to challenge the matter he may, of course, do so by following the instructions on the reverse of the Penalty Charge Notice. He may also visit http://www.birmingham.gov.uk/PCN for more information or to submit a challenge online.”

source: http://www.birminghammail.co.uk/news/lo ... et-2593128

Case No. CO/4743/2009

Neutral Citation Number: [2010] EWHC 3392 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2A 2LL

Date: Monday, 29th November 2010

B e f o r e:

MR JUSTICE BURNETT

- - - - - - - - - - - - - - - - - - - - -

Between:

THE QUEEN ON THE APPLICATION OF MAKDA
Claimant

v

THE PARKING ADJUDICTOR
Defendant

Nearly all councils have taken the rigorous view ( in my view totally incorrect and illogical) that when a taxi driver or minicab driver receives a pre-booked fare the driver cannot wait at all and that the passenger has to be at the kerb ready to get into the vehicle. Some parking adjudicators have agreed with the councils’ view, but many parking adjudicators have not agreed. Indeed one parking adjudicator said that it was preposterous to suggest that a driver arriving to pick up a passenger should act like a Formula One driver performing a pitstop with the passenger diving into the vehicle and the vehicle taking off.

The High Court has now clarified the law on this issue and has stated that councils are wrong to adopt the position they have taken so far.

The learning judge stated that when a driver arrives at the destination, the time taken looking for the passenger or waiting for the passenger to identify the vehicle are all a necessary part of the process of picking up the passenger - and accordingly any parking tickets issued in those circumstances must be cancelled.

The judge also decided that if a driver arrives at the destination to pick up the passenger but the passenger then cancels the journey this is still nevertheless part of the process of picking up the passenger and accordingly any parking tickets issued in such circumstances must be cancelled.

http://www.appealnow.com/taxi-driver-an ... -decision/

Does this also cover dropping off a passenger?

I would have thought so.

Does it also cover leaving the cab unattended on double yellow lines? Shouldn't the customer have had someone with her if she needed assistance?

No loading or unloading only applies to goods

It also covers filling a jiffy bag with excrement and posting it first class to the head of the council with a note attached commenting on the parking and enforcement policy.