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With Dial-a-Cab drivers going into
constant battle against local authorities - even
Transport for London itself – following receipts of
Penalty Charge Notices (PCN) for transgressing
various anti-Taxi legislation such as the bus-only
lane at Kings Cross and the eastbound bus lane at
Bishopsgate, DaC driver Tony Guerrier (L28)
decided to fight Camden Council over his alleged
‘offence’ of stopping inside High Holborn’s
weirdly-shaped yellow box - now returned to a more
normal shape following an outcry from the Evening
Standard and motoring organisations. As we have come to expect, having been told their box was illegal didn’t appear to give Camden any form of guilt complex and they made no attempt at refunding any of those caught in what turned out to be an illegally shaped junction box. Tony told Call Sign: "I was in High Holborn, turning left into Kingsway and close to the kerb. Camden’s evidence showed me stationary for nine seconds before the traffic moved off and we all then turned into Kingsway. The camera they were using was supposed to replace a policeman, but would any policeman have given me a ticket for that? That should be the standard by which these PCNs are judged and that would give the Appeal adjudicators sufficient reason to throw many of them out!" Tony continued: "I have seen nothing in the press from Camden concerning repaying all the people they have taken money from with their illegal box junction. I would imagine a number of DaC drivers are among them. The honourable thing for Camden to do would |
TONY WINS HIS YELLOW BOX BATTLE! |
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be to refund everybody, but no doubt they will just wait for claims. I hope my Appeal result might help some of our drivers reclaim their hard earned cash." Tony had originally written to Camden explaining that he was a Licensed Taxi driver and would know better than to block the traffic at a junction. He wrote that at the time he began moving, his exit was clear. He pointed out that there were five other vehicles in front of him, one of whom then braked causing the others to slow down/stop. Camden rejected the letter telling Tony that it was his responsibility to ensure his escape route was clear. Tony then appealed and wrote asking whether the other five vehicles in front had received PCNs or was it just his Taxi? Camden wrote back acknowledging his Appeal, but refused to give him the information he had requested claiming that it was ‘against their policy.’ Ten weeks after Tony’s PCN had been issued, his Appeal went to the Adjudicator. His decision astonished many and perhaps showed why Camden Council is so disliked, giving the impression |
of being a law unto themselves.
Part of that decision stated: "I find that the box junction was at the time of the allegation, not compliant with either the traffic signs regulations and general directions (1994) or traffic signs regulations and general directions (2002)." His most telling condemnation of Camden Council came at the end where the Adjudicator said: "There can be no contravention without lawful signing." In Tony’s words: "The adjudicator explained that I was guilty of an ‘offence’ in an illegal box junction, therefore the ‘offence’ could not have taken place." It seems that Camden Council are determined that in order to assure they maintain the law by others, they should be free to transgress the law themselves. Dial-a-Cab drivers have proved time after time that they will accept fair judgements against them, they also prove just as often that they will not accept judgements that are obviously unfair. Tony’s case shows that perfectly… Tony’s PCN number was: CD84841081, issued on 1 October 2004. |
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