Pereira, R (On the Application Of) v Environment And Traffic Adjudicators

Pereira, R (On the Application Of) v Environment And Traffic Adjudicators

The review adjudicator's decision upholding the penalty charge notice on the basis of section 31 deemed dedication was unlawful because Southwark did not advance or evidence such a claim, and the adjudicator made a material error of law in his analysis of public access. The pattern of regular parking by the landowner precluded factual public access to the hedge strip at the relevant time, so the land was not a 'road to which the public has access.' Remittal was inappropriate as no other lawful conclusion was possible on the evidence.

Parties
Claimant: Preeti Pereira; Defendant: Environment and Traffic Adjudicators; Interested Party: London Borough of Southwark
Jurisdiction
England and Wales
Judgment Date
03 April 2020
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim for judicial review allowed; penalty charge notice quashed; appeal allowed; no order as to costs.
Legal Topics
Parking on Private Land, Definition of 'road to Which the Public Has Access', Judicial Review of Tribunal Decisions, Implied Licence and Public Access, Section 31 Highways Act 1980, Greater London Council (general Powers) Act 1974
Administrative Law Road Traffic Law Property Law Parking on Private Land Definition of 'road to Which the Public Has Access' Judicial Review of Tribunal Decisions Implied Licence and Public Access Section 31 Highways Act 1980 +1 more

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Parties

Preeti Pereira

Claimant

Environment and Traffic Adjudicators

Defendant

London Borough of Southwark

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the hedge strip where the claimant parked was a 'road to which the public has access' under the relevant statutory definition
  2. 2 Whether the review adjudicator lawfully upheld the penalty charge notice on the basis of deemed dedication under section 31 of the Highways Act 1980
  3. 3 Whether the pattern of parking by the landowner precluded factual or legal public access

Ratio Decidendi

The review adjudicator's decision upholding the penalty charge notice on the basis of section 31 deemed dedication was unlawful because Southwark did not advance or evidence such a claim, and the adjudicator made a material error of law in his analysis of public access. The pattern of regular parking by the landowner precluded factual public access to the hedge strip at the relevant time, so the land was not a 'road to which the public has access.' Remittal was inappropriate as no other lawful conclusion was possible on the evidence.

Court Disposition

Claim for judicial review allowed; penalty charge notice quashed; appeal allowed; no order as to costs.

Orders

  • The decision of the Environment & Traffic Adjudicator dated 10th June 2019 is quashed with the substitution of a decision allowing the Claimant’s appeal against penalty charge notice no. SO38405730.
  • The Interested Party is directed to cancel the said penalty charge notice.