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.
Held: The review was refused.
Bean J said: ‘In my judgment regulation 4 on its proper construction means that every part of every road in a CPZ, other than a parking bay, must be marked with a single or double yellow line (with or without the ‘loading and unloading’ equivalents), except where an alternative parking prohibition is marked out such as that imposed by the zig-zags on the approach to a pedestrian crossing. Furthermore, I consider that any non-compliance, whether accidental or (if I am wrong on the previous point) arising from the presence of an alternative parking prohibition, is immaterial if it is too far from the location of the particular motorist’s contravention to have led him or her into error.’
Judges:
Bean J
Citations:
[2010] EWHC 1161 (Admin), [2011] RTR 10, [2010] ACD 82
Links:
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 18 August 2022; Ref: scu.416120