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 appeal was directed specifically at provisions of the regulations, the adjudicator could only look to see whether the appeal brought itself within the grounds set out. On that basis the adjudicator’s appeal succeeded.
Judges:
Chadwick, Sedley, Keene LJJ
Citations:
Times 28-Nov-2005, [2005] EWCA Civ 1540
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Walmsley, Regina (on the Application Of) v Lane and Another Admn 18-May-2005
The applicant had paid the congestion charge to allow her to drive into London, but had given the incorrect registration mark.
Held: The mistake was not a mistke which would establish a ground to challenge the penalty, but the adjudicator had . .
Cited – Regina (Westminster City Council) v Parking Adjudicator Admn 22-May-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Local Government
Updated: 04 July 2022; Ref: scu.235407
