Free Traffic Legal Advice

Yellow lines means "No Waiting" so the CEO was correct. There is an exemption for boarding or alighting passengers, so that would be your argument against the PCN, if the passenger had turned up, but carrying on waiting there for another booking to come through  is not exempt. 

If you have a pre-booked fare at this location then on your arrival you would be allowed a reasonable period to ascertain the fare's whereabouts, reasonable is not defined, but it does not allow you to wait because you had no expectation that the fare would arrive, you simply 'kept on waiting for another booking'.

Now for your account which doesn't make sense, I'm afraid:

I ask him who says and he says to me that he says so (CEO 6915). He tells me if i don't move that he will give me a ticket and i tell him fine and I go about my business.

So that's how I ended up with a PCN for allegedly 'parking'

Not really, unless you just stayed there (you refer to going 'about your business') and were issued with a PCN either by hand or put on the vehicle.

You need to be much clearer about how you came to be served with this type of PCN.

Another question: If I had to pickup a passenger at a DYL, does that mean if the passenger is not at the DYL that I am not allowed to wait there?

Single or double-yellow lines is the same, exceot that single-yellows only apply for certain time periods and certain days. 
In theory, no, you cannot wait for a passenger to turn up at the roadside, but waiting for a short time and having proof of the booling would be powerful evidence to refute a PCN.

Consider a customer ordering your taxi for 10.00 am.  If you turn up at 09.50 and wait,  you are on dodgy ground, whereas turning up at 09.57 would normally be considered OK. Of course you don't want to be late, so sometimes you have to just tootle around if the customer is not there when you arrive.

Quote

Another question: If I had to pickup a passenger at a DYL, does that mean if the passenger is not at the DYL that I am not allowed to wait there?

Single or double-yellow lines is the same, exceot that single-yellows only apply for certain time periods and certain days. 
In theory, no, you cannot wait for a passenger to turn up at the roadside, but waiting for a short time and having proof of the booling would be powerful evidence to refute a PCN.

Consider a customer ordering your taxi for 10.00 am.  If you turn up at 09.50 and wait,  you are on dodgy ground, whereas turning up at 09.57 would normally be considered OK. Of course you don't want to be late, so sometimes you have to just tootle around if the customer is not there when you arrive.

Well that would be impossible for me and other private hire drivers. I, like many other receive jobs on demand, so when a passenger requests a private cab we go to the pickup location and we may have to wait.

Sometimes the passenger is ready at the pickup, sometimes we will have to wait 2-4 minutes until the passenger is ready.

If this is the case then all other cab drivers (i’m guessing also black cab drivers) are all liable for PCNs. Making our job harder to do and nearly impossible.

The agreement is over six months, so it's classed as a long-term lease rather than a short-term hire.

This being the case, we need to see the full terms and conditions, can you post those please?

I can't see any mention on the document you've posted about a £10 charge, but most hire companies refund such charges if you show that the PCN has been cancelled. The full terms and conditions of hire should help us clarify this.

I don't think the agreement allows liability to be transferred, as these terms are completely incompatible with a permanent disposition amounting to a change of keepership:

This term allows them to effectively terminate the agreement whenever they want and taking the vehicle back, by simply changing the T&Cs


This term allows them to take the vehicle back with immediate effect in certain circumstances:




This term shows they are still going to be responsible for maintenance in-house, so they must routinely take possession of the vehicle:



This term severely restricts your ability to have maintenance done on the vehicle at a garage of your choice, and it imposes severe restrictions on the use you may make of the vehicle (for example by prohibiting any personal use, you can't use the vehicle to go shopping or for a family day out):


This term confirms the lessor is responsible for the maintenance and roadworthiness of the vehicle:


This term is again incompatible with a permanent disposition:


This term shows they don't understand how transfers of liability work:


This term shows that a third party has very broad rights to access the vehicle as it sees fit:


These cases give you a good idea of what I mean by permanent disposition:
Rosica Solunova v City of London (2210125386, 12 April 2021)
Daniel Hirai v City of Westminster (2210105607, 26 June 2021)
Harold Goodrich v City of Westminster (2220668661, 14 August 2023)

There is a good example in Abu Zubae v London Borough of Hackney (2210338842, 19 August 2021) where the chief adjudicator found that the terms of the agreement were incompatible with a permanent disposition, so liability could not be transferred.

Just in case you're wondering, if we go to the tribunal and win on this ground, the PCN just dies. The council will not issue a new notice to owner to the lease company after losing the appeal.

Normally leasing companies will refund the admin charge if you show them that the PCN has been cancelled but even if they refused, you're better off paying £10 to the leasing company than £65 to the council. I will be happy to represent you at the tribunal.

As a precaution it's always worth telling the leasing company about the notice to owner being on its way, telling them you want to fight the ticket and asking them to transfer liability. This is because some lease companies just pay the notice and try and re-charge you, and that is a scenario we really want to avoid.

Given the number of restrictive items in the agreement i cannot see how a degree of permanence is made out all the leaser can do is drive the car