Barrie Segal
   Barrie Segal
is the founder of AppealNow.com – the website that has helped thousands of drivers facing unfairly dished-out PCNs. Barrie also assists in fighting parking tickets issued to Dial-a-Cab drivers whilst doing credit trips, with the result that money the Society now pays out in fines has been slashed!
   But a recent case Barrie attended has far-reaching effects for Dial-a-Cab and radio circuits in general. The High Court decision R (on application of Makda) v Parking Adjudicator has clarified the very important aspect of the law relating to licensed taxis (and radio controlled minicabs) and how long they can wait for a passenger when the passenger has pre-booked the journey.
   The general rule of law is that taxi drivers are allowed to wait for as long as necessary on single or double yellow lines for the purpose of picking up a passenger and/or their luggage. In the case of licensed taxis, which can be hailed by a passenger in the street, it is easy to see what time is taken and in the normal course of events that pickup time is clearly necessary.
   The question arises and was dealt with by the court: What is the necessary time for a taxi driver to pickup a passenger when they receive a pre-booked cab fare? I have won many cases with the parking adjudicator, arguing that there has to be a time period to pick up a passenger starting from when the vehicle arrives. The driver looks for his passenger, the passenger comes out from their premises, finds the cab and enters it. 
   Barrie told Call Sign: "My long-held view is that that this
is all part of the process of

Barrie Segal goes to a groundbreaking case at the High Court and tells Call Sign:

Councils incorrectly issuing PCNs to taxis!

According to a High Court decision these young men will have to pick on someone else
According to a High Court decision these young men will have to pick on someone else

 waiting for the purpose of picking up the passenger. I’m very pleased to say that the court confirmed my view! 

Background to the case…
   Most councils have taken the rigorous view - in the view of Barrie Segal, totally incorrectly and illogically - that when a taxi driver receives a pre-booked fare, the driver cannot wait at all and that the passenger has to be at the kerb ready to get into the vehicle.
   Some parking adjudicators have agreed with the councils’ view, but many adjudicators have not agreed. Indeed, one parking adjudicator said that it was preposterous to suggest that a driver arriving to pick up a passenger should act like a Formula One driver performing a pit stop, with the passenger diving into the vehicle and the vehicle taking off!
   The High Court has now clarified the law on this issue and stated that councils are wrong to adopt the position they have taken so far. The learned 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, is all a necessary part of the process of picking up the passenger - and accordingly any parking tickets issued in those circumstances must be cancelled!
   The Judge also decided that if a driver arrives at the pick up but the passenger then cancels the

journey, this is still nevertheless part of the process of picking up the passenger and accordingly, any parking tickets issued in such circumstances must be cancelled.
   Barrie Segal told Call Sign: "This is a very important clarification of the law which demonstrates that councils have been unfairly penalising licensed taxis.
  
In this particular case before the learned Judge, the driver arrived for a pre-booked journey, looked for the passenger but could not find them and the job was scrubbed.
The PCN was issued by Westminster Council via their CCTV system and Traffic Management Order, which is the legal document that governs parking restrictions.
   The Judge stated that: "It shall not be 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 the vehicle or to load thereon his personal luggage."
  
This may not stop councils issuing PCNs, but it must now make them far easier to cancel! The trade owes a great deal to Barrie Segal, who is probably the foremost authority in the UK on parking fines.

   If you need help with a PCN that came other than when doing an account trip with DaC, go to
www.
AppealNow.com and get the best help available – from Barrie Segal...

Click to browse the Dial-A-Cab Web Site

Call Sign Home Page

Page 12

Powered by NetXPosure


Copyright 1997-2011 Dial-A-Cab Ltd, All rights reserved.
Sells Louis Vuitton Vassili GM Store Louis Vuitton Albatros Toiletry Bag Louis Vuitton Pegase 55 Business Louis Vuitton Neverfull GM Cheap Louis Vuitton Albatros Toiletry Bag Alma PM Sale Buy Louis Vuitton Neo Bailey Aviation Louis Vuitton Cheap Louis Vuitton Bags Cheap Louis Vuitton Bags Louis Vuitton Cabas PM Louis Vuitton Bags on sale Authentic Louis Vuitton Handbag Louis Vuitton Bags on sale Louis Vuitton Olav PM Sale Louis Vuitton Organiser Atoll Outlets Sells Louis Vuitton Artsy GM Cheap Louis Vuitton Ceinture