Herron & Anor v The Parking Adjudicator [2010] EWHC 1161 (Admin) (25 May 2010)

Herron & Anor v The Parking Adjudicator [2010] EWHC 1161 (Admin) (25 May 2010)

A controlled parking zone is not rendered invalid by minor or immaterial defects in signage or road markings elsewhere in the zone, provided the location of the contravention is clearly marked and there is no evidence of confusion or prejudice to the motorist. Regulation 4 of the TSRGD does not require absolute...

Source-derived case information.

Citation
[2010] EWHC 1161 (Admin)
Parties
1st Claimant: Neil Herron; 2nd Claimant: Parking Appeals Limited; Defendant: The Parking Adjudicator; Interested Party: Sunderland City Council; Interested Party: Parking and Traffic Appeals; Interested Party: Traffic Penalty Tribunal; Interested Party: NCP Service Limited; Interested Party: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Controlled Parking Zones, Traffic Regulation Orders, Interpretation of Traffic Signs Regulations, Judicial Review, Statutory Interpretation
Administrative Law Road Traffic Law Controlled Parking Zones Traffic Regulation Orders Interpretation of Traffic Signs Regulations Judicial Review Statutory Interpretation

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Parties

Neil Herron

1st Claimant

Parking Appeals Limited

2nd Claimant

The Parking Adjudicator

Defendant

Sunderland City Council

Interested Party

Parking and Traffic Appeals

Interested Party

Traffic Penalty Tribunal

Interested Party

NCP Service Limited

Interested Party

Secretary of State for Transport

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Sunderland Controlled Parking Zone complied with Regulation 4 and Direction 25 of the Traffic Signs Regulations and General Directions 2002 (TSRGD)
  2. 2 Whether non-compliance in any part of the CPZ invalidates the entire zone
  3. 3 Whether the penalty charge notices were enforceable

Ratio Decidendi

A controlled parking zone is not rendered invalid by minor or immaterial defects in signage or road markings elsewhere in the zone, provided the location of the contravention is clearly marked and there is no evidence of confusion or prejudice to the motorist. Regulation 4 of the TSRGD does not require absolute compliance in every part of every road within the CPZ for enforcement to be valid.

Court Disposition

Application for judicial review dismissed

Orders

  • Judicial review refused
  • No declaration granted as to invalidity of the Sunderland CPZ