Walmsley v Transport for London & Ors

Walmsley v Transport for London & Ors

The adjudicator's power under regulation 16(2) is confined to considering representations on the statutory grounds in regulation 13(3) and giving directions only in respect of those grounds. There is no general discretion to remit or cancel penalty charges for mitigating circumstances outside those grounds. The power to waive or not enforce a penalty charge lies with Transport for London, not the adjudicator.

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 From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Judicial Review, Statutory Interpretation, Discretionary Powers, Penalty Charges, Congestion Charging, Procedural Fairness
Administrative Law Transport Law Human Rights 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 From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the adjudicator under regulation 16(2) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 has discretion to direct the charging authority to cancel a penalty charge notice for mitigating circumstances not falling within regulation 13(3)
  2. 2 Whether the delay in determining the appeal breached Article 6(1) ECHR

Ratio Decidendi

The adjudicator's power under regulation 16(2) is confined to considering representations on the statutory grounds in regulation 13(3) and giving directions only in respect of those grounds. There is no general discretion to remit or cancel penalty charges for mitigating circumstances outside those grounds. The power to waive or not enforce a penalty charge lies with Transport for London, not the adjudicator.

Court Disposition

Appeal allowed

Orders

  • Adjudicator's decision quashed
  • No order as to costs