In October 1999, DaC driver Roy Martin (R42 decided to
fight an unfairly issued ticket that wasn’t attached to his vehicle – a case
later taken up successfully by the Evening Standard. Since Roy wrote
to Call Sign about that instance and decided that he and any other
unfairly ticketed drivers should appeal, Call Sign has taken a vociferous
interest in the ongoing situation where Licensed Taxi drivers have been
issued with PCN’s while doing our job. That first instance was with Lambeth
Council, but battles have continued with the City of London Corporation –
whose representative issued Editor Alan Fisher with a ticket whilst watching
him help a one-legged passenger into a shop – and several instances
involving Westminster’s wardens who seem to have the need to hang around
outside toilets whilst not actually going in! Several drivers have seen
their ‘spend-a-penny’ stop increased to £50…!
This latest instance involves DaC driver Kevin Went (N19).
Kevin is no stranger to battles against authoritarian dictators. In early
2003 he was given a ticket for driving his taxi in a bus and taxi only lane!
According to Camden council, the camera couldn’t read his plate properly
because the sun was shining on it! They wanted Kevin – who lives in Harlow –
to go to Croydon to show his Bill! Call Sign phoned the Council to assure
them that he was indeed a member of our trade, but they refused to take our
word for it. It was eventually cancelled.
Now Kevin has been issued with another ticket.
"This one wasn’t issued incorrectly," Kevin told Call Sign,
"but it is certainly unfair." Below you can read Kevin’s letter to
Westminster Council and their reply. Incidentally, this borough issues more
PCN’s than any other in London – almost one million last year…
"I am a Licensed London Taxi driver. I have been driving a cab and
trying to provide a service for London’s public for the past 15 years. On 26
Jan 2004, at around 11am, I was driving along South Audley St, London W1 and
as I approached Chesterfield House, the doorman hailed me. I was |
WESTMINSTER AND TAXI DRIVERS PARKING
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asked to drive around to the rear of the building (Chesterfield Gdns) to
pick up a client. My passenger was a very frail, blind lady who needed a
great deal of assistance getting in and out of the Taxi. The lady informed
me that she only wanted to go locally to do some shopping, but needed to
stop at the Royal Bank of Scotland in Curzon Street first.
On approaching the bank, I told my passenger that outside the bank was a
zebra crossing and that I could not park directly outside the entrance. The
lady asked me to stop as close as I could and as she was blind, would I mind
walking her to the door?
I parked just past the crossing, helped her from the Taxi and
together walked slowly to the bank entrance. I escorted her through the door
and to the first available counter. I told the lady that I had to leave her
with bank staff as I had to return to my cab. On exiting the bank, I saw the
traffic warden writing a ticket. I tried to quickly explain the situation,
but he was not interested and placed the ticket on my windscreen. I returned
to the bank and escorted my passenger back to the Taxi. I assisted her in
the same way
for a further two destinations before returning to
Chesterfield House. It is not only courteous, but is a requirement of my
profession to assist passengers – especially disabled ones. Whilst
acknowledging I had parked on yellow lines and that the warden may not have
seen me helping the blind lady, I feel that given these circumstances, the
ticket was issued unfairly. I hope that you can show some discretion and
compassion in this situation and that common sense can prevail and you can
cancel this ticket."
One month went by before Kevin received a reply from Ms Kirsty
Davis of Westminster’s
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Parking Services department.
She wrote…
"Thank you for your letter about the above Penalty Charge Notice (PCN). I
am sorry for the delay in my reply. The PCN was issued because the vehicle
was seen parked in a street when parking restrictions were in force. Yellow
lines at the edge of the road mean that there are parking restrictions which
apply to the entire road. You have stated that at the time you were
assisting a frail, blind lady to the bank as part of your duties as a taxi
driver. The City Council appreciates that the picking up and setting
down of passengers and their luggage is sometimes necessary and most
regulations provide an exemption for this purpose. In most instances, the
exemption applies strictly to allow the passenger to board or alight the
vehicle and does not include waiting for or seeking out the passenger. The
vehicle should not be left unattended and it should be immediately obvious
to a Parking Attendant that the vehicle is parked for this purpose. In this
instance, the vehicle was unattended and no activity was seen to be taking
place around the vehicle. As there was no indication that the vehicle was
parked or setting down or picking up a passenger, a PCN was issued
instantly.
The City of Westminster
appreciates that as part of your duties, you may be required to assist
passengers in / out of the cab and to nearby premises. However, if such
assistance needs to be given, your vehicle should be parked legally on a
meter or pay and display bay. Taxis must not be left on yellow lines in such
situations.
Careful consideration has been given to the points that you have
raised about the issue of the PCN, but I am unable to cancel it for the
reasons given. Your payment has been kept in full and final settlement and
the case is now closed."
Call Sign hopes to be able to speak to Westminster Parking
Services about the general situation in a future issue… |