See v Royal Borough Of Kensington & Chelsea [2002] EWCA Civ 1029 (8 July 2002)

See v Royal Borough Of Kensington & Chelsea [2002] EWCA Civ 1029 (8 July 2002)

The statutory scheme provides an adequate and fair process for challenging parking penalties, and there is no arguable breach of Article 6 ECHR. The local authority acted within its powers in seeking payment for outstanding penalty notices. The application for permission to appeal is without merit and is dismissed.

Citation
[2002] EWCA Civ 1029
Parties
Claimant/applicant: Michael See; Defendant/respondent: Royal Borough of Kensington and Chelsea
Jurisdiction
England and Wales
Judgment Date
08 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Order
Outcome
Application for permission to appeal refused
Legal Topics
Parking Enforcement, Statutory Appeals, Article 6 ECHR, Article 10 ECHR, Judicial Review
Administrative Law Human Rights Law Traffic Law Parking Enforcement Statutory Appeals Article 6 ECHR Article 10 ECHR Judicial Review

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Parties

Michael See

Claimant/applicant

Royal Borough of Kensington and Chelsea

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Order

Legal Issues

  1. 1 Whether the statutory parking enforcement regime is incompatible with Article 6 ECHR (right to a fair trial)
  2. 2 Whether the local authority acted ultra vires in levying additional parking fines
  3. 3 Whether the lower court failed to consider relevant facts and law

Ratio Decidendi

The statutory scheme provides an adequate and fair process for challenging parking penalties, and there is no arguable breach of Article 6 ECHR. The local authority acted within its powers in seeking payment for outstanding penalty notices. The application for permission to appeal is without merit and is dismissed.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal dismissed