Background
The driver is a TfL-licensed PHV driver and entered a private residential estate in order to collect a passenger who lives there. The pickup point was selected by the passenger via the app and corresponded with the estate location.
Upon arrival, the driver briefly stopped inside the estate for the purpose of collecting the resident, remaining with the vehicle at all times. There was no intention to park or leave the vehicle. A site operative began photographing the vehicle almost immediately, without identifying themselves, issuing any verbal warning, or allowing any grace / observation period.
A PCN was later issued by Nationwide Parking Control for “No Waiting”.
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Appeal Process
Stage 1 – Direct Appeal to Nationwide Parking Control
An initial appeal was submitted directly to the operator explaining that:
• The vehicle was present solely for resident passenger collection.
• The driver was carrying out professional PHV duties.
• The stop was brief and unavoidable.
• No grace period was allowed.
• Signage did not clearly address brief pick-up / professional transport activity.
This appeal was rejected.
Stage 2 – IAS Appeal
The appeal was escalated to the IAS. During this stage, points raised and discussed included:
• Dispute over whether signage sufficiently prohibited brief stopping for passenger collection.
• Whether “No Waiting” reasonably includes short-duration pick-up activity.
• The driver’s role as a professional PHV operating in good faith.
• The lack of any grace period or attempt to instruct the driver to move.
Nationwide maintained that TfL licensing does not override private land rules and that any stopping constituted a breach. The IAS ultimately dismissed the appeal and sided with the operator.
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Current Position
Throughout the appeal process it was understood that the charge was on hold; however, following the IAS decision, the operator portal now displays the balance as £100, with the discounted rate no longer being honoured.
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Evidence Available
• Screenshot of the trip showing the passenger-selected pickup point
• Record of passenger journey and fare
• Operator photographs
• Copies of all appeal correspondence and IAS decision
• Photos of site signage (to be uploaded)
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Advice Requested
I would appreciate guidance on:
• Whether this case has a realistic defence if pursued through court
• If complaint to the landowner/managing agent may successfully override the operator
• Any procedural or legal points that may strengthen my position
Photos of the PCN and signage will be uploaded as advised.
https://postimg.cc/bGNZszGv