Taxi Driver Online

The Star (Sheffield)

September 21, 2006

HEADLINE: Spending a penny gets Lee £60 fine

TAXI driver Lee Hunter left his cab to spend a penny, but it ended up costing him £60 after a parking attendant slapped a fine on him.

Lee parked on the designated taxi rank on Market Hill in Barnsley town centre to answer a call of nature. But when he returned from the public loo in Peel Square he saw an attendant writing out a ticket.

Lee, aged 30, of Derwent Road, Athersley South, said his protests fell on deaf ears. "I can't believe it, I can't do a nine-hour shift without going to the toilet. What do they expect me to do?

"I've stopped like this many times and just assumed drivers could answer the call of nature without fear of getting a ticket. "I took my tracksuit top off as I was returning to my taxi and when I threw it in the boot the attendant said I had been shopping.

But when I offered to show her she just walked off. "I'd deserve a ticket if I'd been there for two hours, but she knows as well as I do it was less than five minutes. "It was outrageous, I nearly called her a little Hitler."

A Barnsley Council spokesman said unattended taxis could become an obstruction.

He added: "The Hackney Carriage ranks have been provided in the town centre for the benefit of the licensed hackney carriage drivers, and their customers. "If drivers leave their vehicles unattended in the rank, then the taxi is no longer available for hire, and could become an obstruction to other drivers wishing to operate from the rank.

"However, any driver who receives a Penalty Charge Notice can challenge it by contacting the council as explained on the notice itself. All challenges are dealt with in a fair and consistent manner, giving thorough consideration to the circumstances of each individual case.

"The Penalty Charge Notice in Barnsley is £60, and a reduced amount of £30 is accepted for early payment within 14 days." The ticket row comes as council-employed parking attendants are to be 're-branded' civil enforcement officers - CEOs.

A government report on the changes in parking enforcement, that was considered by senior councillors at a Cabinet meeting yesterday, says verbal warnings should be considered for minor offences.

And raising money should not be the aim, and no targets for the number of tickets should be set.

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Whether or not this mush actually was going to the loo is another matter, but surely even members of the taxi/PH trade are allowed to have a p*** now and again.

I would defo appeal, and it would be interesting to see if when the council changed over to civil enforcement they got the taxi rank bit right. Cos many haven't.

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IDFIMH

Appeal against it. Even if you lose you are making them work for their ill gotten gain.

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Make trafic wardens redundant. PARK LEGALLY.
Congestion charge! Before it was free.

I would check to see if the rank has double yellows first, funny here the traffic wardens ignore private cars parked on ranks without yellow lines, they say "grey area" and walk away

In many areas ranks are marked in white paint next to yellow lines. Any ticket given on that rank would be illegal. And that counts for PH, lorries, and for that matter tuk tuks.

The same applies if they paint the rank in yellow near white lines.

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IDFIMH

If a private car parks on the taxi rank here it gets ignored and many of the local taxis park on it to go to their office for a coffee break but a few months ago one of my drivers did that to go and get a hair cut and got a ticket so it is very inconsistant

So how do you manage without ranks then?

Do PH drivers have a 12-hour-bladder?

Maybe he was on the level, but most drivers I know who do that are just taking the p iss, not taking a p iss.

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Taxi Driver Online
www.taxi-driver.co.uk

I am sure that you can only get done on a taxi rank for leaving a taxi unattended, must see my old retired taxi driver mate about this as he has got a few drivers off with parking tickets, it comes under a different section of law,m and its not parking

Right if an attendant is still in possesion of a ticket! get in vehicle fast and drive off. Basicly it ant been issued till it is put onto the vehile wind screen....!

Yes this is absolutely correct and i know this is fact as this is the advice my father has given to me ( I hate to say this but hes one of these so in so's who issue these, and theres nothing that Piddles these folks off more than when we drive off before they get the chance to slap it on your car, oh and by the way if they try and put it in your hand, forget it as this is also classed as issued!!!!!

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Legal and proud

Loads a love from BERTIE !!

12 minutes at best.

But the issue isn't just about parking on a rank whilst having a p***, but parking anywhere near a public toilet.

I don't think any taxi/PH should get a ticket if he is parked illegally whilst having a p***, whether it is on a rank or on double yellow lines.

Problem is that many drivers take the p*** by saying they are having a p*** when really all they are doing is a bit of lunch shopping.

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IDFIMH

I've been trying to find out the legalities of this for several weeks. Are you sure they can't send it through the post? Any direction to a legal standing would help.

Regards

JD

They can and often do send it through the post, but they need the evidence of a photo of the ticket on the car, should a driver appeal.

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IDFIMH

Taxi Ranks are provided for licensed hackney carriages to wait for work in a designated safe area known to the public as a place to hire such a vehicle.

NO VEHICLE is allowed to wait or stop on a taxi rank other than to make that vehicle available for hire. Licensed Hackney Carriages are not even allowed, strictly speaking, to drop off on a taxi rank.

HC as well as PH drivers sometimes think that the rank is an area they can park, it is not.

HC drivers are allowed to urinate between the rear wheels of their vehicle away from public view, under the 1847 Act I believe.

Petrol stations I'm sure used to be obligated to allow a licensed driver use of their toilets, but I think this was lifted when enterprising criminals were found to be nicking topsigns to make their cars appear like taxis/ph to gain access to the garages shop.

PH drivers should return to their base where toilet facilities should be provided, remember a PH vehicle is only afforded legal dispensation whilst carrying passengers so a PH driver cannot use the 1847 Act as a defence.

If you leave your cab on a rank for whatever reason you should consider the other drivers trying to work that rank, whether your bursting for a pi$$ or not.

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"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.

If a council parking attendent is still writing out the ticket, however, as long as it hasnt been placed on your vehicle or handed to you, you can drive away and the ticket will be invalid. Under the Road Traffic Act 1991, the ticket must either be handed to the person in charge of the vehicle or placed on it. So if the attandent sayes 'Its its too late, Ive started writing the ticket,' you can still drive away and will not be breaking any laws. But note just be careful not not to injure them, as they may be standing close to your vehicle (though they should be on the pavement and not the road).

The reason they take photos is to prove in court that a vehicle had been issued a ticket and was on the wind screen of the vehicle...else no photo of ticket on screen, basicaly NO evidence.....