When "I Was Picking Up a Passenger" Isn't Enough: A Newham Dropped Kerb Case Explained

Why This Case Should Make Every Driver Think Twice

Picture the scene: you're a private hire driver, you've pulled up briefly to collect a fare, and within moments a civil enforcement officer is at your window issuing a parking ticket. You tell him where to go — perhaps more colourfully than was wise — and drive off, confident that your professional reason for stopping will get you off the hook at appeal.

It won't. Not without evidence.

This case from the London Borough of Newham is a masterclass in how a perfectly reasonable-sounding defence can collapse completely when it isn't backed up by anything concrete. It's also a reminder that how you behave towards an enforcement officer can quietly undermine your credibility long before you ever reach a tribunal. Let's break it down.

The Case: A Dropped Kerb, a Private Hire Driver, and a Penalty Charge Notice

The contravention here was PCN code 27: parked adjacent to a dropped footway — in plain English, stopping in front of a lowered section of kerb. These lowered kerbs exist to allow wheelchair users, people with pushchairs, and others with mobility needs to cross the road safely. Blocking them is treated seriously by councils because the consequences for vulnerable pedestrians can be genuinely significant.

The vehicle in question was spotted by a civil enforcement officer parked alongside one of these dropped kerbs in Newham. The officer observed the vehicle, noted the contravention, and issued a penalty charge notice. The driver — who identified himself as a private hire (minicab) driver — was present at the scene and, according to the officer's evidence, told him in no uncertain terms to go away. The phrase used was rather more direct than that.

The driver subsequently appealed the PCN to the independent adjudicator at the London Tribunals, arguing that he had only stopped there to collect a passenger and should therefore not be penalised.

The Arguments: What Each Side Said

The council's case was straightforward. Their enforcement officer observed a vehicle parked adjacent to a dropped footway. That's the contravention. The officer's evidence placed the vehicle at the location, and there was nothing in the photographic or written record to suggest any passenger collection was taking place.

The driver's case rested entirely on his claim that he was a licensed private hire driver who had stopped only momentarily to pick up a passenger. The implication was that this brief, purposeful stop should be treated differently from someone simply leaving their car unattended outside a dropped kerb.

There is some legal logic to this argument in theory — the distinction between parking and stopping does matter in certain contraventions. However, the driver provided no supporting evidence whatsoever for his claim.

The Decision: Appeal Refused

The adjudicator refused the appeal. The contravention was found proved.

In reaching this decision, the adjudicator noted two things. First, the driver himself did not dispute that the vehicle was parked adjacent to a dropped footway — that core factual element was never challenged. Second, and critically, the claim about collecting a passenger was entirely unsubstantiated. No booking record was produced. No passenger came forward. The enforcement officer had not observed any such activity taking place. And the driver's conduct at the scene — telling the officer to leave in the strongest possible terms — did nothing to help his credibility.

The Legal Reasoning: What This Actually Means

Let's unpack the key legal points in plain English.

1. The burden of proof shifts once the council establishes the basic facts

In parking appeals, the council doesn't need to prove every detail of its case beyond reasonable doubt — this isn't a criminal court. Once the council presents credible evidence that a vehicle was parked in a prohibited location (here, adjacent to a dropped footway), the burden effectively shifts to the driver to provide a credible counter-explanation. Saying "I was picking up a passenger" is a counter-explanation. But it's only as good as the evidence behind it.

2. Assertions are not evidence

This is perhaps the single most important principle in any tribunal appeal. An adjudicator cannot simply take a driver's word for something, particularly when it contradicts what an enforcement officer observed — or in this case, didn't observe. A private hire booking record, a text message from the passenger, a receipt, a screenshot from the dispatch app — any of these could have supported the driver's account. None were produced.

3. The "loading and unloading" or "passenger collection" defence has limits

Even if a driver is genuinely picking up a passenger, this doesn't automatically exempt them from a dropped kerb contravention. The rules around dropped footways are designed to protect pedestrian access, and the exemptions that exist (for instance, for loading and unloading where it is unavoidable) are interpreted narrowly. More importantly, even where an exemption might apply, the driver must prove they qualify for it.

4. Conduct at the scene can affect credibility

The adjudicator made a point of noting the driver's language towards the officer. While this alone didn't determine the outcome, it's worth understanding that a tribunal is assessing the overall credibility of an account. An officer who was told aggressively to leave is unlikely to have had the opportunity to observe any passenger collection — and that gap in the evidence works against the driver, not in their favour.

Lessons for Drivers: What to Take Away From This Case

1. "I was only there for a moment" needs proof, not just words

Whether you're a private hire driver, a delivery courier, or someone dropping off an elderly relative, if you're going to argue that your stop was brief and purposeful, you need to show it. Booking confirmations, delivery manifests, messages — gather what you can before you appeal.

2. Don't dismiss the importance of dropped kerb rules

Some drivers treat dropped kerb contraventions as minor or technical. They aren't. Councils enforce them actively because blocked dropped kerbs can trap wheelchair users and parents with pushchairs. Adjudicators treat them seriously, and appeals succeed only where there is genuine, evidenced reason to overturn the ticket.

3. Keep your cool with enforcement officers

This is advice that goes beyond the legal. An officer who has been sworn at is going to write a detailed account of what happened. That account becomes evidence. Staying calm and, if anything, asking the officer to note that you are collecting a passenger gives you a far better evidential starting point than an altercation.

4. Understand what your appeal needs to do

An appeal isn't just an opportunity to tell your side of the story — it's a formal process in which you need to disprove the council's case or establish an exemption. If you can't do either with evidence, the appeal is very unlikely to succeed, no matter how reasonable your explanation sounds.

5. If you're a professional driver, document everything

Private hire drivers, couriers, and tradespeople stop in restricted places regularly as part of their work. Build a habit of keeping records — screenshots of bookings, timestamped notes, photographs if appropriate. If a PCN arrives, you'll have something to work with.

The Key Takeaway

A good story without evidence is just a story. Tribunals decide cases on what can be proved, not what sounds plausible.

This driver may well have been telling the complete truth. He may genuinely have been collecting a passenger, parked for seconds rather than minutes, doing exactly what his job requires. But the adjudicator had no way of knowing that — because nothing was put forward to show it. In parking appeals, as in so much of life, it's not enough to be right. You have to be able to show that you're right.

Next time you find yourself stopped somewhere that might attract a ticket, think ahead: what would I need to prove this was legitimate? Then make sure you have it.