London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator

London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator

The PCNs issued by Barnet failed to state the date of the notice as required by section 66(3) of the Road Traffic Act 1991. This omission meant the statutory requirements were not satisfied, and thus the PCNs were invalid and unenforceable. Prejudice is not a relevant consideration; compliance with the statutory scheme is mandatory.

Parties
Claimant: London Borough of Barnet Council; Defendant: Parking Adjudicator; Interested Party: Mr Hugh Moses
Jurisdiction
England and Wales
Judgment Date
02 August 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parking Penalty Charge Notices, Statutory Compliance, Judicial Review, Procedural Validity
Administrative Law Local Government Law Civil Enforcement Parking Penalty Charge Notices Statutory Compliance Judicial Review Procedural Validity

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Parties

London Borough of Barnet Council

Claimant

Parking Adjudicator

Defendant

Mr Hugh Moses

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Penalty Charge Notices (PCNs) issued by Barnet complied with section 66(3) of the Road Traffic Act 1991
  2. 2 Whether failure to state the date of the notice on the PCN invalidates the notice
  3. 3 Whether the addition of an extra day to the payment period invalidates the PCN

Ratio Decidendi

The PCNs issued by Barnet failed to state the date of the notice as required by section 66(3) of the Road Traffic Act 1991. This omission meant the statutory requirements were not satisfied, and thus the PCNs were invalid and unenforceable. Prejudice is not a relevant consideration; compliance with the statutory scheme is mandatory.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • No order as to costs