Thank you for your response. I will send off my appeal.No you won't, at this stage it's just a representation. The appeal comes at the tribunal stage.
Edit: Can I write that from the images, the driver (me) is in the vehicle. To support that I was temporarily stopped and not parked?You can add that but my advice would be not to: your temporary stop amounted to waiting within the meaning of the legislation, on this point see the case of City of Bradford Metropolitan District Council v Obaid [2001] EWHC 536 (Admin) (https://www.bailii.org/ew/cases/EWHC/Admin/2001/536.html). TLDR: you were in the wrong and the civil enforcement officer was entitled to issue a penalty charge (but that doesn't change the fact that we can get the PCN cancelled on appeal to the tribunal).
Edit2: Could I also include my Private Hire license to show that I am a private hire driver and had no reason to park, only to temporarily stop to pickup passengers?
If my use is very restricted then I will return the vehicle and hire from another company.Well that's not really a matter for this thread, the significant limitation I can see is that you cannot use the vehicle for personal use, so for example you can't use it to go and meet friends in the evening, or to go and buy your weekly shop or anything else like that. You can only use it for work and only for private hire work, so if you're not happy with that, then it would seem sensible to hire from another company.
If my PCN is in regards to my work, why is the T&Cs required?Because we can use the T&Cs to prove to the tribunal that the council was not entitled to transfer liability to you.
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 carAnd only for one a single very restrictive purpose i.e. London PCO work only. He can't drive for deliveroo / just eat, he can't use the vehicle for personal use, it's the most restrictive lease I think we've ever seen.
You might be able to pursue a technical defence, do you know what the hire company's policy is when it comes to PCNs?
Basically in order to pursue this, you need the hire company to challenge the notice to owner on the ground that the vehicle was on hire. The council will then cancel the hire company's notice to owner and issue another one directly to you.
Also, can you show us a copy of the hire agreement, and the hire terms and conditions?
QuoteAnother 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.
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.