Taxi Driver Online

Swansea taxi driver 'fined for helping OAP'


A CABBIE claims he is facing a lean Christmas — just for helping an elderly passenger from his car.

Jason Thomas from Clase said he was assisting the pensioner from his private hire vehicle after parking in Morriston's Woodfield Street earlier this year.

After leaving her safely at her destination, he said he returned to find his vehicle had been slapped with a parking ticket.

His appeal against it failed and as he refused to pay, it was passed on to a debt collection firm.

And now, with just days until Christmas, he says he is being asked to pay £40 a week to meet what has grown to a bill of £220.

The dad-of-three said: "My passenger was no good on her feet, so I helped her out and made sure she got to where she was going.

"I'm obliged to make sure she is safe — if she had fallen and hurt herself it might have caused problems for me with my licence.

"I explained this when I contacted the council, and said I was not prepared to pay.

"Now the debt has been passed on to bailiffs.

"I can't pay it all off with Christmas around the corner, and I've offered to pay £10 a week.

"But they've told me if I don't pay in full they will come and take things from my flat."

Mr Thomas, who will be buying presents for his children aged 15, 13 and two for Christmas, claims he was away from his cab helping his passenger for around six minutes.

Enforcement officers allow up to five minutes for people illegally parked, and claim in Mr Thomas's case, he was away for almost double that time.

A spokesman for Swansea Council said: "In busy shopping areas such as Woodfield Street in Morriston, it's important that limited parking areas provided for loading and unloading are used properly.

"We receive regular complaints from residents and traders in the area about this issue.

"In this case, a fixed penalty was issued because a car was left unattended for more than double the time allowed.

"The issues relating to payment of the fixed penalty are now a matter for the company which is responsible for collecting the fine.

"If motorists park legally then there is no reason for them to receive a fixed penalty."

Richard Oram, operations director for Andrew James Enforcement said: "We can confirm we are currently executing a court warrant against Mr Jason Neil Thomas on the instruction of Swansea Council in respect of an unpaid penalty charge notice.

"To date Mr Thomas has failed to make any payment or satisfactory offer of payment. We would urge anyone who has a warrant against them to make contact as soon as possible to arrange payment and avoid the statutory charges that are incurred during the recovery process which may result in the seizure and sale of their vehicle or goods."

http://www.thisissouthwales.co.uk/Swans ... story.html

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Don't pay it bin the ticket and forget about it. Private Parking companies are the police of society.


Private Baillifs can't enter your property unless you invite them in.

Where does it say you are allowed 5 minutes, I do not believe that as such there is a time limit - refuse to pay and do not be intimidated.

Worth reading - if true.


http://taxileaks.blogspot.com/2011/01/p ... e-law.html

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if you cannot be yourself, then who can you be.

It was a council ticket!

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Grandad,

I didn't notice until I read it again, I thought it said Morrisons even so, private bailiffs can't enter your house. I'd refuse to pay.

They will be court bailiffs.

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Grandad,

They won't, the Councils use Julias & Co Bailiffs.

I would have a word with your licensing team, It must be best practice for a cabbie to help OAP etc, they would soon kick off if you just dumped them in the street.They might have a word in the right departments ear.

I wonder about stories like this.....where does the duty of care of the driver actually end?

My old adversary JD started the following thread, but it covers drunken passengers;

http://taxi-driver.co.uk/phpBB2/viewtop ... f=5&t=4020

This follows on from a case which proved that a taxi driver owes no duty of care to a drunken passenger driver when he gets out of the taxi.

If such a duty were owed, the taxi driver would have to work out how drunk each of his passengers were.

Griffiths v Brown and Lindsay [1999] QBD

^[Tort - negligence - duty of care - no duty owed to passenger in a taxi - not fair, reasonable nor practicable]
D a taxi driver (Lindsay) set down his intoxicated passenger 30 to 40 yards from his destination, on the other side of the road, but close to a pedestrian crossing controlled by traffic lights, in the event of the passenger sustaining injury on being struck by a car (driven by Brown) as he crossed the road.

Held: The taxi driver's duty to the passenger came to an end once the passenger alighted and it was neither reasonable nor practicable to require a taxi driver to make an assessment of a passenger's state of intoxication before setting him down.

From what I have read on this issue, as soon as the passenger was set down from the vehicle the drivers duty of care ended, by escorting the passenger into the shops he extended his liability, this was his own decision and not one which will be in any condition of license.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I suppose that if the passenger requires assistance to get to where they are going, it is up to them to arrange such assistance.
Our council handbook states "licence holders shall:Assist, where necessary, passengers into and out of the vehicle. Offer passengers reasonable assistance with luggage or belongings."

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Grandad,

Your council handbook could be wrong though. We are all aware of risk assessments etc and words like reasonable with their infinate definitions.

I assisted a passenger with luggage two months ago, the case was so heavy I strained a stomach muscle and couldnt sleep the following night without taking painkillers......I made a doctors appointment because i thought it might have been connected to my condition earlier this year and I dont want to take any chances anymore......I lost a couple of days.

Do I sue my council because they tell me to assist passengers? Or do I sue the passenger for being an idiot and putting too much stuff into their case......or do i call myself a pratt for doing what i did?

One thing is more or less certain. If a driver goes to the doorstep with the passenger, giving assistance as they perhaps should (and most of us do)......and something goes wrong, its the driver that will be liable.

I can recall a case from my own experience where a driver, who was very often accused of being a lazy so and so for never getting out of his cab, actually got out and helped someone with luggage and shopping. A bag broke and the contents smashed......guess who had to pay?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

You need to go back to eating three shredded wheat in the mornings

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Are you saying i need ruffage?

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Yes, and "reasonable assistance" wouldn't require a driver to park illegally, nor would such a licensing rule excuse it.

Well surely the "old woman" would be able to help this well-meaning driver to convince the authority that he was innocent. After all, the private hire company will have her details and there must be cctv footage of him helping her.