Call Sign September 2010 - Page 5 - MONTY SETS A PCN PRECEDENT!

Battling DaC driver defeats Westminster after stopping to see terminal details...

MONTY SETS A PCN PRECEDENT!

   Over the years, Call Sign has written of numerous Penalty Charge Notices sent to Dial-a-Cab drivers. However, since the UK’s undisputed expert on parking fines - Barrie Segal - penned an article for this magazine and DaC were so impressed that they began working with him and his website, our PCN fines have been slashed and along with that, so have the number of articles. For those that don’t know, Barrie’s website at www.appealnow.com is said to be the only website in the world where you can appeal your parking ticket on line in 4½ minute!
   But travesties still occur. Monty Dobrin (B56) has been on DaC since June 1973, but has rarely been as upset as he was in early May following an incident. It was lunchtime and Monty was driving around Norfolk Crescent in Paddington when he was offered a trip on his terminal. The sun was shining and he couldn’t see the screen clearly, so he stopped on a single yellow line to read them - being careful not to cause any obstruction. It was for a Westminster Account with the pickup round the corner at the Water Gardens in Burwood Place. Monty accepted the job, wrote the details down and then drove the few hundred yards to pick up the passenger and took her to Bond Street.
   Six days later, Monty received a PCN from Westminster City Council stating that his cab was seen via CCTV as being parked for 2 minutes and 30 seconds before moving off. Monty appealed explaining that he did not get out of the taxi or even turn the engine off, he just read the details and wrote them down before going to pick up a Westminster disabled passenger.
   Westminster’s record of allowing appeals is almost non-existent and this one was no exception. Monty received a rejection notice because as Westminster explained, reading his terminal on a single yellow line in Norfolk Crescent is not an "exempt activity." Two photos accompanied the reject notice showing that no activity had occurred during the few minutes.
   He was fined £120 – reduced to £60 if paid within 21 days. They said he should have looked for a "pay for parking" bay.
   Monty was very unhappy with the decision and decided to use the PATAS independent Arbitration service. On 24 July he attended Angel Square, Islington for his case to be heard. He explained the situation to the Arbitrator, Michel Aslangui, and after he also examined the Westminster version, he

Monty’s PCN cancellation can be used as a precedent

allowed the appeal and cancelled the PCN.
   Monty told Call Sign that he was delighted with the verdict. We also spoke to Barrie Segal. He said: "Clearly the adjudicator understands the law better than Westminster. Moreover the adjudicator's reasoned decision adds an important facet to the interpretation of the ‘passenger boarding’ rules." Barrie went on to say that whilst an Adjudication decision isn’t the same as one in a court of law, in his view Monty Dobrin has set a precedent and anyone being given a PCN for a similar incident, could use Monty’s case as a precedent and in 99% of the time, it will be accepted.
   Monty’s case details are: PCN number WM61315533, case number 2100274666 and his cab reg is P151 SHV.
   In his summing up, the Arbitrator said that taxi drivers are permitted to stop in restricted streets so as to pick up a fare and for which process they are allowed one minute, adding that Westminster say that the exemption that applies for picking up passengers (found in article 12 of the Traffic Management Order) does not include waiting or seeking out the passenger.
   Mr Aslangui then described the DaC procedure for accepting a trip, that there is only one minute to decide whether to accept the incoming trip or not and that there was no time to find a meter or other bay in which to park.
   In his decision, the Arbitrator said he was satisfied that the exemption included the waiting or seeking out of the passenger as part of the process of boarding and added that he was satisfied on a purposive interpretation of the exemption because otherwise the exemption would not be able to apply in a practical and meaningful manner. He then allowed the appeal and ordered Westminster to cancel the PCN and Monty to return to work a much happier DaC driver!