References: Times 06-Jun-2002, Gazette 11-Jul-2002, [2002] EWHC 1007 (Admin), [2003] RTR 1
Links: Bailii
Coram: Mr Justice Elias
Ratio: 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.
Statutes: Road Traffic Act 1991 Sch6 para 2(4)
This case is cited by:
- Cited – Walmsley, Regina (on the Application of) v Lane and Another CA (Times 28-Nov-05, Bailii, [2005] EWCA Civ 1540)
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 . .
(This list may be incomplete)
Last Update: 13 November 2018
Ref: 172223
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