Hackney Drivers Association Ltd, R (on the application of) v Parking Adjudicator & Anor

Hackney Drivers Association Ltd, R (on the application of) v Parking Adjudicator & Anor

The penalty charge notice, when read as a whole, fairly conveyed the information required by Regulation 3(2)(b)(i) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. There was no misleading as to time limits for informal challenges, and the requirements of the regulation were met.

Parties
Claimant: Hackney Drivers Association Limited; Defendant: The Parking Adjudicator; Interested Party: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
31 October 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Penalty Charge Notices, Statutory Compliance, Parking Enforcement
Administrative Law Transport Law Judicial Review Penalty Charge Notices Statutory Compliance Parking Enforcement

Case Brief

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Parties

Hackney Drivers Association Limited

Claimant

The Parking Adjudicator

Defendant

Lancashire County Council

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the penalty charge notice complied with regulation 3(2)(b)(i) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

Ratio Decidendi

The penalty charge notice, when read as a whole, fairly conveyed the information required by Regulation 3(2)(b)(i) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. There was no misleading as to time limits for informal challenges, and the requirements of the regulation were met.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review is dismissed
  • Leave to appeal refused by the High Court; applicant may seek permission from the Court of Appeal