Call Sign May 2004 - Page 15 - DIAL-A-CAB AND WESTMINSTER PARKING AGREEMENT ON THE HORIZON?

The April issue of Call Sign told the story of DaC driver Kevin Went’s (N19) battle with the City of Westminster Parking Services department following the issue of a PCN to him whilst helping a disabled passenger get to her bank. Kevin wasn’t quibbling over the validity of the ticket’s issue, just over the fact that it was issued bearing in mind the circumstances. He wrote to Westminster explaining how he helped walk his passenger to her bank after having to park several meters past a zebra crossing so as not to stop on the zigzags. The warden showed no sympathy at all, so Kevin hoped that Westminster themselves would be able to cancel the ticket. Although Kevin didn’t mention the fact, Westminster are the biggest sponsors of the disabled TaxiCard scheme and as such would surely be sympathetic? On behalf of the City of Westminster, Ms Kirsty Davis wrote back to Kevin. She explained that Westminster "appreciated" that the picking up and setting down of passengers and their luggage was sometimes necessary and most regulations provided an exemption for that purpose. She added though, that the exemption applied only for passengers to board or alight and did not include waiting. As such, they saw no reason to cancel the ticket… In this issue’s Mailshot pages, Gary Heard (Y07) tells of the Westminster ticket he received at Berkeley Square also for helping a disabled passenger into their premises. He also wrote to Westminster Parking Services and got the identical letter to Kevin Wents, except for the last sentence that said that his ticket would be cancelled. What was the difference? None that we could see… Now we have had a letter from another DaC driver, Phillip Benjamin (K20) regarding his treatment by Westminster Parking Services. He received a "Notice to Owner" concerning a PCN that they claimed he had failed to pay and now the £50 fee had been doubled. Phillip says that he never received the original. "PCNs are something you do not ignore any more that you would your tax return!" said Phillip. So he started checking the facts… He obtained a DaC logger that showed that he was POB at the time of the "offence". So had the ticket really been issued at that time, the warden would have had to run behind him!	DIAL-A-CAB AND WESTMINSTER PARKING AGREEMENT ON THE HORIZON?
	*Will the new Westminster directive halt the war between wardens and DaC drivers.* However, going back into his memory, he remembered being at the place named on the ticket having taken a disabled passenger to an Osteopathy clinic in NW1. So he went to the clinic, explained the situation and how he would like to contact the patient as a witness to confirm her disability and how he had helped her. They checked the files and traced the person. She was happy to write to the Council confirming her disability and that the driver had to help her out of the taxi into the clinic. Together with the witness letter, Phillip sent a copy of the DaC logger and a brief letter. The Council claimed amazingly that the logger never arrived, even though it was pinned to everything else. More importantly though, they sent Phillip a letter back – this one from Michael Hill - that read et al: "The PCN was issued correctly, however as you have provided evidence that you were assisting a disabled passenger to alight from the vehicle at the time the PCN was issued, we are prepared to cancel as this activity is exempted." Phillip rightly says that there is a grey area that needs looking at. If we are exempted from a PCN for helping a disabled passenger, then surely we can’t all chase up the passenger to act as a witness? Phillip’s advice is not to pay first. Retrieving fines is difficult in the extreme – probably why Gary and Phillip were successful while Kevin wasn’t. Phillip’s long letter to Call Sign went on to add that the key is providing that evidence. He writes: "For passengers with Westminster TaxiCards, evidence is available from DaC in the form of loggers and a joint co-operation with the disabled passenger should be attempted." His letter to Call Sign ends by calling DaC’s technology the ‘dogs ********’! "Don’t try to take advantage of our system," he says, "it’s too sophisticated. Fortunately it works both ways and can assist us when needed."	A Way Out…? Following the above complaints and indeed many others, Dial-a-Cab have been in touch with Westminster Parking Services, the agenda consisting mainly about DaC drivers being given time when helping a disabled passenger. Brian Rice told Call Sign that he was hopeful Westminster would give DaC drivers some leeway and DaC Marketing Manager Allen Togwell has now designed a board for leaving in the Taxi window telling wardens why you are parked. Allen Togwell told us: "We are hopeful that Westminster will be able to help and they have, in fact, now issued a directive to that effect. But we also know that if the relaxation of parking restrictions when helping the disabled is to go ahead, then any misuse of it could and probably would make Westminster change their minds. May I suggest that drivers cut out the directive below and keep it handy in their Taxis for use should any wardens be unaware of it." Call Sign thanks all those DaC drivers who took the time to write and hopefully there might now be a light at the end of (the warden’s) tunnel…! Westminster Directive Sent to DaC "We have recently introduced a new protocol where parking attendants (PAs) are now required to give 5 minutes constant observation to any vehicle displaying a disabled badge, regardless of whether the PA sees any activity taking place. When a vehicle is not displaying a valid disabled badge, but where the PA sees that a disabled passenger is being picked up or set down, the PA is required to give as much time as is necessary to complete the task. If a penalty charge notice (PCN) is issued under these circumstances, then drivers should follow the formal process of making a representation to the City Council's Representations and Appeals Department, how to do so is explained on the reverse of the PCN envelope. In the representation, the driver should explain clearly the circumstances, i.e. the setting down or picking up of a disabled person."