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