Walmsley v Transport for London & Ors [2005] EWCA Civ 1540 (17 November 2005)

Walmsley v Transport for London & Ors [2005] EWCA Civ 1540 (17 November 2005)

The adjudicator's powers under regulation 16(2) are confined to considering representations based on the statutory grounds in regulation 13(3); he cannot remit or quash penalties for reasons outside those grounds. Discretion to waive penalties for non-scheduled reasons rests with Transport for London, not the...

Source-derived case information.

Citation
[2005] EWCA Civ 1540
Parties
Respondent/applicant: Walmsley; Appellant/respondent: Transport for London and Others
Jurisdiction
England and Wales
Judgment Date
17 November 2005
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Judicial Review, Statutory Interpretation, Discretionary Powers, Penalty Charges, Congestion Charging, European Convention on Human Rights Article 6
Administrative Law Transport Law Human Rights Law Judicial Review Statutory Interpretation Discretionary Powers Penalty Charges Congestion Charging +1 more

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Parties

Walmsley

Respondent/applicant

Transport for London and Others

Appellant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Does regulation 16(2) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 confer discretion on adjudicators to remit penalty charges for reasons outside the statutory grounds?
  2. 2 Is the adjudicator limited to considering only the grounds specified in regulation 13(3)?
  3. 3 Was the delay in determining the appeal a breach of Article 6 ECHR?

Ratio Decidendi

The adjudicator's powers under regulation 16(2) are confined to considering representations based on the statutory grounds in regulation 13(3); he cannot remit or quash penalties for reasons outside those grounds. Discretion to waive penalties for non-scheduled reasons rests with Transport for London, not the adjudicator.

Court Disposition

Appeal allowed

Orders

  • Adjudicator's decision quashed
  • Claimant's regulation 16 appeal remitted to PATAS for reconsideration in light of the judgment