Fined £120 for letting his pregnant passenger use the khazi. There is a sign in the lobby at City Hall that says "Our customers make us better." Change the word "better" to "richer" and you might be a little closer to the truth.
The adjudicator undoubtedly would have allowed this appeal if it was within his discretion. However, Westminster would have known this and therefore proceeded to extract their ill gotten gains despite the fact that their "customer" (taxi driver) would undoubtedly have been hauled across the coals by the Carriage Office if he hadn't stopped at the insistence of his passenger.
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Case Reference:2110218967
Appellant:Mr Carl Westwood
Authority:Westminster
VRM:B16LMO
PCN:WM67050001
Contravention Date:25 Mar 2011
Contravention Time:11:34
Contravention Location:Park Lane
Penalty Amount:£120.00
Contravention:Parked in a restricted street
Decision Date:19 May 2011
Adjudicator:Michael Burke
Appeal Decision:Refused
Direction:None
Reasons:
The allegation in this case is that the vehicle was parked in a restricted street during prescribed hours. Mr. Westwood does not dispute this but says that this was only in order to allow a passenger to go to a toilet in the adjacent hotel. She was pregnant and in urgent need.
The enforcement camera DVD shows the vehicle parked over the period 2 minutes 50 seconds. I accept from Mr. Westwood that if the camera had been focused on the vehicle for longer it would show what he describes.
As Mr. Westwood points out it is permissible to stop for the purpose of boarding/alighting. However, the extent of the exemption is that the vehicle may be parked only for so long as it takes for the particular boarding/alighting. The exemption does not stretch to allowing the driver to await the return of a passenger who has alighted.
Save for exceptional circumstances which are not present in this case, a passengers' need for the toilet would not amount to lawful reason for parking in contravention.
Mr. Westwood's account amounts only to mitigation. The Enforcement Authority may cancel a PCN as a matter of their discretion. The Law does not give Adjudicators the power to allow an appeal which establishes mitigating circumstances only.
Having considered all the evidence, I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.
