Example Cases

Taxis (hackney carriages) and private-hire cars are not synonymous and are treated differently by the law. Private-hire vehicle drivers of are not always aware of the distinction.

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.

Courier not exempt on a double yellow line in a taxi rank (BO05006J
Issued with a PCN for waiting on a double yellow line in a taxi rank, the appellant, a professional courier making a delivery to a solicitor's office, appealed on the ground that he was exempt from the restriction. The Adjudicator, pointing out that the exemptions permitting vehicles to wait (loading/unloading, passenger alighting, disabled badge, etc.) did not apply in a taxi rank and that the appellant could not therefore leave his vehicle on the taxi bay, ruled further that Rule 215 of the Highway Code stated that drivers must not stop or park on taxi bays as indicated by upright signs and markings.
The appeal was dismissed.

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.

A taxi waiting in a taxi rank while an elderly passenger shopped (TW05036J
The appellant, a licensed hackney carriage driver, left his taxi in the rank while he escorted his elderly passenger to the shops, waited while she shopped, then escorted her back to the cab. He was issued with a PCN for waiting in a restricted area and appealed on the grounds that he was entitled to wait in the rank. The Adjudicator ruled that in the circumstances the vehicle could not be said to be available for hire and was thus not entitled to wait in the rank.
The appeal was allowed, although for a different reason.

Disproportionate towing-away from a taxi rank (MC05437F)
Issued with a PCN for parking in a city-centre taxi rank a vehicle that was subsequently removed, the appellant appealed on the ground that the PCN had been issued incorrectly and the vehicle removal was a disproportionate penalty. The Adjudicator held that, once the PCN had been issued, the council had the power to remove the vehicle and ruled that, on the particular facts of the case, bearing in mind that this involved a city-centre taxi bay, the towing away was proportionate.
The appeal was dismissed.