Herron and Another, Regina (on The Application of) v The Parking Adjudicator: CA 27 Jul 2011

The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double yellow lines and flashes was inadequate or wrong. It was said that a failure of any part of the signage vitiated enforcement anywhere in the zone.
Held: The appeal failed. A parking control zone had been properly designated. Some irregularites had been accepted by the adjudicator but were not seen to be such as to invalidate the enforcement of restrictions within the zone. Regulation 4 does not require that every part of every street is signed in the manner it specifies. Applying the statutory construction princile exemplified in Soneji, the court rejected the submission that any departure beyond the trivial invalidated the zone: ‘The test for invalidity is not ‘Are the irregularities trivial?’, but whether there is substantial compliance with the statutory definition.’ and ‘If the situation, viewed as a whole, is that the motorist is adequately informed of the parking restriction, there is in my judgment no good reason to render the restriction ineffective.’

Stanley Burnton, Aikens LJJ, Sird David Keene
[2011] EWCA Civ 905, [2011] RTR 34, [2012] PTSR 1257
Traffic Signs Regulations and General Directions 2002 4, Road Traffic Regulation Act 1984, Road Traffic Act 1988, Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
England and Wales
CitedRegina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Appeal fromHerron and Another v The Parking Adjudicator Admn 25-May-2010
The claimant sought judicial review of decisions of the parking adjudicator as to the commission of parking offences. He said that failures in ceratiin parts of a controlled parking zone in Sunderland invalidated parking controls in the entire zone. . .
CitedCannadine v Director of Public Prosecutions Admn 2007
The fact that the back of a road sign showing a speed limit had been painted the wrong colour did not make the road de-restricted. There had been no question of the driver being misled. The law was not troubled by trivialities. . .
CitedMacleod v Hamilton 1965
Unless an authority which makes a traffic control order complies with the requirements imposed on the making of such an order and the publication of the order is adequate, any offence which it purports to create cannot be effectively prosecuted.
CitedOxfordshire County Council, Regina (on The Application of) v The Bus Lane Adjudicator Admn 26-Apr-2010
The driver was caught using a bus lane and issued with a fixed penalty notice. He appealed to the adjudicator. The Council now appealed against a finding that the area was not a designated bus lane allowing enforcement by civil penalty rather than . .
CitedJames v Cavey QBD 1967
The council introduced regulations restricting parking at a site on alternate weeks between certain hours. The ‘no parking’ signes were covered over with an unrestricted parking sign when parking was permitted. The defendant parked and left his car . .
Not FollowedDavies v Heatley QBD 1971
The defendant appealed, by case stated, against his conviction of failing to stay to the left of a continuous white line. An intermittent white line had been placed between the two continuous white lines. The magistrates convicted saying that the . .
IncorrectMoss, Regina (on The Application of) v KPMG Llp Admn 14-Oct-2010
The claimant objected to accounts drawn by the defendant auditors for Bolton Council, saying that they had wrongfully included sums from parking fines which had (he said) been unlawfully claimed by the Council. He contended that because parking . .
CitedHassan v Director of Public Prosecutions 1992
The defendant said there had been no sign plate displaying the times of restricted parking.
Held: That was a failure to provide adequate information, and the motorist’s conviction was quashed. . .
CitedCotterill v Chapman 1984
A trivial departure from the statutory specification for a road sign did not invalidate the sign nor exculpate the defendant. . .
CitedCanadine and Others v Director of Public Prosecutions QBD 14-Feb-2007
The defendant drivers appealed against convictions for speeding, saying that the speed signs did not have the correct width of black border.
Held: The appeals failed. The signs were in casings the lip of which did not form a background which . .

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Road Traffic

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Updated: 01 November 2021; Ref: scu.442232