Skip to content
  1. 1Read
  2. 2Ask
  3. 3Decide
  4. 4Ruling

Case 12 of 19 · Level 2

A council parking ticket · waiting where loading is banned

The fare that never came

The thick file · about 10 minutes

The complaint

A licensed private-hire driver, who takes bookings through an app, stopped one weekday morning on double yellow lines outside a pub to collect a passenger who had booked a ride. He stayed in the car. The passenger did not appear, the booking was cancelled, and he drove off. A penalty charge notice followed, issued from camera footage. He appealed: he was waiting for a booked fare, as he had done at that pub many times without trouble; he never left the car; a taxi is allowed a few minutes to pick up and set down; the council turned his representations down without asking him for anything; and the time on the notice did not match the cancellation record he had. He needs his licence to earn a living.

The council's answer

The council says the car waited for more than three minutes at a kerb where waiting and loading are both banned at all times, beside a mandatory cycle lane. Its camera shows the car stationary from 08:52 to 08:55 and nobody approaching it or getting in. The council accepts that a taxi may stop briefly on these lines to pick up a passenger, but says no passenger was there to be picked up. It has considered his circumstances and declines to waive the penalty charge of £70.

Evidence in the file

  • Exhibit A · The penalty charge notice

    Issued from camera footage, for being parked or loading in a restricted street where waiting and loading are both prohibited. Penalty charge £70.

  • Exhibit B · The camera footage

    The car pulls in at 08:52 and stays at the kerb until 08:55, about three minutes. Nobody walks up to it; nobody gets in or out. It then drives away.

  • Exhibit C · The road

    Double yellow lines: no waiting at any time. Double yellow marks on the kerb: no loading or unloading at any time. A mandatory cycle lane runs alongside.

  • Exhibit D · The driver's account

    A booked passenger, to be collected from the pub; he waited in the car as he always does there; the fare was cancelled; a few minutes is allowed for picking up. He thinks the council should have asked him for more before rejecting him.

  • Exhibit E · The council's rejection

    The exemption for picking up needs a passenger to be picked up. The footage shows none. The council has looked at whether to waive the charge and has decided not to.

Which way do you decide?

What is fair and reasonable is a judgement. The ombudsman gives one; people who read the same file often give another, and this game is about how people weigh the same facts, not about being right. Built from cases the Financial Ombudsman Service and other bodies have published, and from Docketory's own files, rewritten in our own words with every name removed. Docketory is not connected with any of them, and this game is not advice on your own case.

Got a parking ticket? Check it free.