Mr Mustard blogged last month about the plight of private hire drivers on the red route in Cranbrook Road which is under the control of Redbridge Council rather than TfL.
He decided to see how much money Redbridge were making at this location and the answer is 'quite a lot'
Don't help Redbridge raise even more money, do not stop on a red route, wherever it is.
The end.
Hello
ReplyDeleteI am a private hire driver and I had the same issue. I stopped to pick up a passenger who was already waiting for me and received a fine in the post. I appealed this wth Redbridge council only to find that the cranbrook red route is managed by Redbridge and private hire drivers are not allowed to stop even when they are picking up passengers so my appeal was rejected.
I took the next stage and appealed to the tribunal and was successful.
I made the following points:
I am a private hire driver (and provided proof).
I stopped to pick up a passenger
That I was unaware that the cranbrook road red route is managed by Redbridge and that private hire drivers cannot stop to pick up passengers.
Redbridge has clearly stated on their website that some red routes in redbridge are managed by them and others by TFL and to know drivers must check their website.
I explained as a private hire driver this is impossible to do for all the boroughs as this is unrealistic.
They tribunal sent the following response
The adjudicator, having considered the evidence submitted by the parties, has allowed the appeal.
The reasons for the adjudicator's decision are enclosed.
The adjudicator directs London Borough of Redbridge to cancel the Penalty Charge Notice
and the Notice to Owner.
If any penalty or fees have already been paid, the Enforcement Authority must now issue a refund
without delay. Enquiries regarding payment of the refund should be made to the Enforcement
Authority.
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Adjudicator's Reasons
This is another case of a PHV driver stopping on a red route in Redbridge believing he had the same
exemption for dropping off a passenger as he would on TfL red routes throughout the rest of London.
There is no signage at he location to inform him that this is not the case.
The 2021 Traffic Management Order put in evidence by the Council makes no reference to red
routes. The reference to stopping restrictions in Article 7 appears to be limited to verges and
clearways. If the Council has a red route Order in its usual form it should be produced. In the
circumstances I am unable to be satisfied that the red route signage relied on is supported by a TMO and the Appeal is therefore allowed.
In any event It cannot be right or fair that this exemption only applies on Transport for London
red routes because a private hire driver (or black taxi) would never be able to discern when
working that there is no such exemption on a red route where another Authority is entitled to
issue PCNs. Some form of notice is required and in its absence would doubt that the
prohibition relied could be said to be sufficiently clearly indicated to PHV drivers who have
been advised by the Enforcement Authority for London that they are allowed to stop there.
I would, however, caution the Appellant as treating this decision as a licence to stop on a red route in
Redbridge in future as it is conceivable that further evidence in some future case might lead to a
different conclusion.