Neil Herron & Parking Appeals Ltd, R (on the application of) v The Parking Adjudicator & Ors

Neil Herron & Parking Appeals Ltd, R (on the application of) v The Parking Adjudicator & Ors

A Controlled Parking Zone remains valid and enforceable despite minor or trivial irregularities in signage, provided that adequate information as to the parking restrictions is conveyed to motorists; strict literal compliance with every signage requirement is not necessary, and substantial compliance suffices unless the irregularity is such as to mislead or fail to inform the motorist.

Parties
Appellants: Neil Herron & Parking Appeals Limited; Respondent: The Parking Adjudicator; First Interested Party: Sunderland City Council; Second Interested Party: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Controlled Parking Zones (cpz), Traffic Regulation Orders (tro), Statutory Interpretation, Adequacy of Traffic Signage, De Minimis Principle, Judicial Review
Administrative Law Traffic Law Local Government Law Controlled Parking Zones (cpz) Traffic Regulation Orders (tro) Statutory Interpretation Adequacy of Traffic Signage De Minimis Principle +1 more

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Parties

Neil Herron & Parking Appeals Limited

Appellants

The Parking Adjudicator

Respondent

Sunderland City Council

First Interested Party

Secretary of State for Transport

Second Interested Party

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether irregularities in signage within a Controlled Parking Zone (CPZ) invalidate the CPZ and render penalty charge notices unenforceable
  2. 2 Whether strict or substantial compliance with statutory signage requirements is necessary for enforcement of parking restrictions
  3. 3 Whether the adequacy of information conveyed to motorists is the correct legal test for validity of parking restrictions

Ratio Decidendi

A Controlled Parking Zone remains valid and enforceable despite minor or trivial irregularities in signage, provided that adequate information as to the parking restrictions is conveyed to motorists; strict literal compliance with every signage requirement is not necessary, and substantial compliance suffices unless the irregularity is such as to mislead or fail to inform the motorist.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the lower court and the Parking Adjudicator is upheld.