The adjudicator sought, when deciding an appeal against a parking penalty, to take account of the applicant’s mitigating circumstances. He had reduced the penalty to zero.
Held: The reference to a discretion allowed where ‘the penalty charge exceeded the amount applicable in the circumstances of the case’ did not allow for mitigation derived from the appellant’s circumstances.
Judges:
Mr Justice Elias
Citations:
Times 06-Jun-2002, Gazette 11-Jul-2002, [2002] EWHC 1007 (Admin), [2003] RTR 1
Links:
Statutes:
Road Traffic Act 1991 Sch6 para 2(4)
Jurisdiction:
England and Wales
Cited by:
Cited – Walmsley, Regina (on the Application of) v Lane and Another CA 17-Nov-2005
The defendant had successfully appealed her fine after giving the wrong car number to the congestion charge system.
Held: When the driver appealed to the adjudicator’s discretion, she could submit anything which might be relevant. Where the . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 22 May 2022; Ref: scu.172223
