References: Times 28-Nov-2005, [2005] EWCA Civ 1540
Links: Bailii
Coram: Chadwick, Sedley, Keene LJJ
Ratio: 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.
This case cites:
- Cited – Walmsley, Regina (on the Application Of) v Lane and Another Admn (Bailii, [2005] EWHC 896 (Admin), Times 25-May-05, [2005] RTR 370)
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 (Times 06-Jun-02, Bailii, Gazette 11-Jul-02, [2002] EWHC 1007 (Admin), [2003] RTR 1)
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 . .
(This list may be incomplete)
Last Update: 08 March 2017
Ref: 235407
The post Walmsley, Regina (on the Application of) v Lane and Another: CA 17 Nov 2005 appeared first on swarb.co.uk.