Taxi Driver Online

evening "peeps"

new to forum and after reading around thought i'd better join (love a good rant)

ok, iam a licensed hackney cab/driver (one man band)
situated in nottinghamshire (ruled by the newark and sherwood district council)
going for 10 years (and sadly "LOVING" it)

anyway,the problem.
i was booked by one of my clients to go down to putney (near hammersmith) to pick her up from her sons house and bring her back to nottinghamshire (3 hour drive).

i arrived at the sons house at 11.15am this morning (03-06-12)
went to the front door, rang the bell, 2/3 minutes later the 83 year old client answered and let me in.
gathered her case and loose baggage, went back to the car (and yes you guessed right) "CEO" taking photo's of my taxi,
so i challenged him on the taxi rule (picking up and/or dropping off) and you guessed right again "WAS NOT INTERESTED"
he just said i could appeal if i thought he was wrong,
i also asked him what i was supposed to have done wrong to warrant a PCN,
he said read the back of your ticket (which was not sealed and placed under the window wiper)

it says,

the following parking contravention has occured (12)
PARKED IN A RESIDENTS OR SHARED USE PARKING OR ZONE
WITHOUT EITHER CLEARLY DISPLAYING A VALID PERMIT OR VOUCHER
OR PAY AND DISPLAY TICKET ISSUED FOR THAT PLACE,
OR WITHOUT PAYMENT OF THE PARKING CHARGE

the street is
malbrook road, putney sw15

council,
wandsworth borough council

fine
£130.00 / £65.00

it was at all times clear that i was indeed a taxi
and it was perfectly obviuos what i was doing.

dave

I think you should appeal, but this is different from the bus lane court case.

viewtopic.php?f=13&t=15938

I would appeal sending them a letter from the customer(s) and confirmation of the booking.

_________________
IDFIMH

thanx for that sussex,

very useful indeed.
iam a little confused about the bus lane court case, as after reading through it quickly i picked up on SINGLE/DOUBLE YELLOWS. and it being a PH taxi.

however it is useful to know that the overall precedent is,
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 luggage and all the trimmings 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.

dave

I don't think that bit is an issue.

It was a PH, but it was the stopping/waiting for punters that was the issue.

_________________
IDFIMH

yep, see your point PH was not the issue,

stopping/waiting for punters is the isse and that is exactly what i was doing.

IMHO, single or double yellows/ bus lanes ect are also irrelevent, the fact that we are all licecensed taxi drivers PH/HC/OWNER DRIVERS or whatever, it is a process as the court said and when we are doing our job.

dave

The violation citation states;
PARKED IN A RESIDENTS OR SHARED USE PARKING OR ZONE WITHOUT EITHER CLEARLY DISPLAYING A VALID PERMIT OR VOUCHER
OR PAY AND DISPLAY TICKET ISSUED FOR THAT PLACE, OR WITHOUT PAYMENT OF THE PARKING CHARGE.

Was there a pay and display ticket machine available for the parking bay that you used?

_________________
Kind regards,

Brummie Cabbie.

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ok"

i did not use a parking bay ( i was outside the customers house) infact there is no parking bays
yes there is a ticket machine

dave

If you could have bought a ticket that allowed you to park where you did, then I don't think you will be successful in your appeal.

If you had parked on double yellow lines, then there is case law or rather a judicial review transcript to support the ticket being withdrawn/rescinded.

_________________
Kind regards,

Brummie Cabbie.

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Disagree with other members' views;
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When debating on the TDO Forum.

thanx brummie

i think that kind of scenario is rather "stupid" (not you)
iam quite prepaired to go to court on this one, (no problem at all)

if a taxi driver can park on double yellow lines or whatever to pick up there passengers, then what is the difference.

for example.

if i was just driving up that street and a person flagged me down (hail and ride) are we saying i must get a parking ticket first???????

dave

You are stopping to pick up immediately and not leaving your vehicle unattended.

Once you have left your vehicle unattended on the side of the road where there is a requirement to display a 'Pay and Display' ticket then it's a different ball game.

And you know as well as I do, once the ticket has been generated, the parking attendant cannot rescind it. And that is for very obvious reasons.

_________________
Kind regards,

Brummie Cabbie.

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Disagree with other members' views;
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When debating on the TDO Forum.

looking into the MAKADA case in a little more detail, i can see why the judge came to his decision, and i dont think it was just because the PH driver pulled up on single/double yellow lines. countyt courts use interpretation (as we all know) to make there decisions, and if you look at para (6) single /double yellow lines are not mentioned nor is a taxi driver or whatever being singled out. it clearly states.

6. Article 12 provides the first of a number of further exemptions from parking restrictions. As material, it reads:
"Nothing in Article 5 of this order shall render it unlawful to cause or permit a vehicle to wait in any restricted street for so long as may be necessary for the purpose of enabling any person to board or alight from the vehicle or to load there on or unload there from his personal luggage."

he got a ticket for stopping on a single/double yellow, he won because of article (12)


dave

quite right he can't rescind it, but he could have taken it back to his office and his supervisor could have discharged it.

as for the leaving a vehicle unattended "ok fair comment" but what if your passenger is disabled as mine is and 83 year old??????

That's the case I would use to try to get the ticket rescinded.

Explain in a letter that you were assisting an elderly passenger, which is part of your job as a licensed driver to give reasonable assistance, that you were not unduly long in doing so and the time you took was reasonable and then quote the case, or better still send them a transcript.

Good luck - let us all know how you get on, but remember they usually knock you back on the first attempt to get a ticket dumped, so just persevere.

_________________
Kind regards,

Brummie Cabbie.

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Then that should be a very strong argument and also explain why you might have taken longer to load the passenger and her luggage than you would an able-bodied passenger.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

"BRILLIANT"
or better still send them a transcript.

what has really got up my nose is he knew exactly what i was doing. i spoke to him as i was loading her luggage into the boot and even introduced him to her, he even said he would make a note of it in his report?????????????????

dave