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! |
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![]() According to a High Court decision these young men will have to pick on someone else |
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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… |
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... |
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