my taxi got pcn parked on a taxi rank

[Oxford Cabby]

Hi all, earlier today I got a parking ticket for £70 whilst I was parked on a Taxi Rank, strange, seeing that I drive a taxi, the Council Parking Warden said that because I was not in my Taxi,( I had nipped out for a pee) he could give me a ticket. The sign next to the Taxi Rank says "No stopping except Taxis at anytime" it does not mention anything about the Taxi needing to be attended. I know that I am supposed to be by my Taxi and available for hire if I am on a Rank, but that is a matter for the licensing officer and not a parking offence I hope. Has anybody got experience of this, or knows the parking law and can help please. It is not a red route, and there are no other restrictions in place, just a normal Taxi Rank. Many Thanks

[Michael Browne]

Appeal it on the grounds that the contravention did not occur. Your vehicle was a taxi parked in a taxi bay. keep it brief and to the point, don't mention pee break/ unattended or what the CEO said etc

[sgtbush]

are you a private or hackney????

 

Can any type of taxi use the taxi ranks?

 

Taxi ranks can only be used by licensed hackney carriages. Generally, these are the normal 'black cabs' although in certain areas of the Borough a number of other vehicle types have been licensed to operate as hackney carriages. Only Hackney Carriages can display the word "TAXI" on the roof. Private hire vehicles cannot ply for hire or use taxi ranks at any time.

[sgtbush]

Distinction between a taxi and a private-hire car (MC 05009L)

The appellant, a private-hire driver, was issued with a PCN under code 45 (Parking in a taxi rank) and appealed on the ground that he believed he was entitled to park there. The council contested that the rank was for licensed hackney carriage drivers only and made available for hackney carriages to wait to be hired by members of the public. The Adjudicator ruled that it was common knowledge that there was a distinction between hackney carriages and private-hire vehicles and that ranks were for hackney carriages to ply for hire. She found that, as a private-hire driver, the appellant should have been aware of the distinction and the fact that he was not entitled to park in a rank.

The appeal was dismissed.

 

 

but i also found this, which may help you

 

When is a taxi available for hire? (SQ05010H)

Driver of a licensed hackney carriage, the appellant left his vehicle for a few moments on a double yellow line while he went to the toilet and was issued with a PCN for waiting in a restricted area. The council contended that he was not entitled to wait in the taxi rank, because the vehicle was unattended, not available for hire and therefore not "a hackney carriage" as defined in the bylaw. The Adjudicator, ruling that he did not interpret that to mean that the vehicle ceased to be a hackney carriage for every minute that it was not in such use, found that the common sense view of the appellant's vehicle would say that it was a vehicle used in standing or plying for hire and had the required number plate fixed on it. He was also satisfied on the facts that the vehicle was available for hire, except that any passenger would have had to wait to depart until the appellant returned from the toilet.

The appeal was allowed.

 

 

so it depends on what type of taxi you are i think

[Oxford Cabby]

Thanks for your replies so far, I drive a public hire taxi (black cab) Not private hire (mini cab)

[Michael Browne]

Sgtbush has found a good appael point but I would keep that for adjudication if needed.

 

Appeal solely on the alleged contravention to begin with. Let the council come back with unattended/ not a hackney carriage if they want

[Oxford Cabby]

Thanks to you all, i think I have enough to hopefully save myself £70, which is about double my earnings today after Diesel. You responses were very quick, and I will now try to help others on here if I can.

[Michael Browne]

OK not Oxford but this is the definition of Code 45 from the LOndon CEO handbook

 

"The contravention occurs when a vehicle that is not a licenced taxi with a licence plate on the rear waits on a taxi rank marked TAXIS"

[Oxford Cabby]

Thanks Michael, my taxi is licensed Oxford City council (hackney) and I was on an Oxford City Taxi Rank, if that helps.