Taxi Driver Online

Top-ranking cabbie beats the Enforcers

TAXI drivers are set to be reimbursed for thousands of pounds in parking tickets following a landmark ruling that allows them to leave their cabs and nip to the loo.

Veteran cabbie Jim Muldoon challenged a £60 fixed penalty notice which was slapped on his vehicle by the Capital's dreaded Enforcers - attendants from Central Parking System - after he stopped in a Manor Place taxi rank and hurried indoors to use the toilet.

He was told the taxi stance exemption only applied when drivers were in their vehicles.

But an adjudicator with the Scottish Parking Appeals Service has now scrapped the ticket on a technicality, opening the floodgates for other drivers who have been hit with fines in similar circumstances to seek refunds from the local authority.

Edinburgh City Council chiefs today said it would appeal the decision and vowed to continue ticketing cabbies pending a final decision.

But Mr Muldoon, who also serves as chairman of the Scottish Taxi Federation, insisted the precedent represented a major victory against the "absolutely ruthless" Enforcers. He said: "It's become very common for drivers to get out of their taxis and go to the toilet only to come back and find a ticket on their windscreen.

"The Enforcers are completely out of hand. Whoever told them to target taxis obviously didn't do their homework."

Adjudicator Peter Royds found that a traffic regulation dating to 1973 clearly stated yellow-line restrictions in taxi stances do not apply to the vehicles - whether they are unattended or not.

His ruling on Mr Muldoon's June 3 ticket highlighted that Central Parking System staff contracted by the local authority to police infractions had "no authority" to target cabs parked in such zones.

The Evening News last month told how cabbie Denny McKenzie had also been issued with a £60 fine after parking in a rank and rushing into a Grassmarket pub to use the loo.

He also is appealing the ticket but has yet to hear back from the adjudication service.

Mr McKenzie, 43, said he was heartened by the groundbreaking decision and admitted he continued to park in ranks when needing to find a toilet.

He added: "At the end of the day you've got to go about your business. You can't go home every time you need to answer the call of nature."

Tory transport spokesman Allan Jackson backed the appeals service for its handling of the case.

He said: "Thank goodness commonsense has prevailed here. It's good to see the adjudicator recognised that people have to go to the toilet now and again."

A council spokeswoman claimed the taxi stance exemption only applies when drivers were in their vehicles and said the local authority would be appealing the decision.

She said:

"In our view, an unattended taxi which is not for hire is parked rather than waiting and, therefore, we will be requesting a review of this decision by the Scottish Parking Appeals Service."
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Hmmmmmmmmmmmmmmmmmmmmmm

See when Joe Public read stories like this, all they think off is that this lad is trying to pull a stroke.

Is there anyone on TDO who actually believes that this lad was going for a wee? He was doing what most of us do, or have done, and that is take a chance that he wouldn't get caught.

Alas he did get caught, but he is trying it on. If he wins his appeal, all well and good. But his actions may seem good in the short term, but in the long term those parking attendants are going to be gunning for all up there.

Sadly, they always seem to win.

The ALLEGATION on the Fastblack forums is that Mr Muldoon just uses the rank as a car park while visiting his office on business.

Since we don't know the facts then we must give Mr Muldoon the benefit of the doubt, but I know some drivers where I've worked just take the pee, if you'll pardon the pun, and use rank space to go shopping or even to go for lunch, while other drivers can't get on to the rank.

I once saw one of the top men on a local association website moaning about cabs abandoned on ranks being ticketed, his excuse was that he heeded police advice not to carry too much money with him, and had to go to the bank!

As some are saying on the Fastblacks site, the Scottish Taxi Fed and Mr Muldoon have given cabbies carte blanche to use the ranks for whatever purpose they want.

What a victory!!

Instead of rooting around looking for loopholes in obscure parking regulations, you'd think they'd be trying to look after their members interests, not those who want to use the ranks as their own free car park.

What about taking the simple step of finding out that the OFT study does apply in Scotland, instead of putting it about that it doesn't??

Dusty

It would seem that simple things, please simple minds.

OFT, what the flip is OFT, they will say. But I suspect the ticket tale, is non stop chat on the ranks.

Well that is until the OFT report.

According to the ancient act, the taxi can be driven away by a constable or enforcer.

What a cabbie is supposed to do is pee in the rear off side wheel.

like Sussex said he shouldnt ave left is cab.

Wharfie

(this is supposed to appeal to ones sense of humour.)

Wharfie

whats the betting over a dozen years on and nothing has changed

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

And it never will.

Including the laughable excuses drivers use attempting to defend their actions.

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IDFIMH

Here we go again!

Legally, it doesn’t matter whether he went to the toilet or shopping. He’s complying with the signage ( No Stopping except Taxis probably) it’s a licensing matter for leaving your vehicle unattended NOT a parking issue.

If he is using the rank as his own private car park then the LA enforcement should ticket him under the 1847 act. He would be the first to whinge if it was a car parked on the rank.

Our traffic wardens can ticket a taxi left unattended on the rank

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

If you are complying with the lines and signs (usually NO STOPPING EXCEPT TAXIS) a traffic warden/parking enforcement CANNOT legally ticket you. They may issue you with a PCN but take it to the Penalty traffic tribunal and you will win every time.