Herron & Anor, R (on the application of) v The Parking Adjudicator & Anor [2009] EWHC 1702 (Admin) (15 June 2009)

Herron & Anor, R (on the application of) v The Parking Adjudicator & Anor [2009] EWHC 1702 (Admin) (15 June 2009)

Permission to proceed with the claim for judicial review is granted only on the core issue of whether, in the circumstances, the road markings required accompanying signs due to the presence of other traffic signs in the controlled parking zone. Permission is refused on the grounds relating to the independence of...

Source-derived case information.

Citation
[2009] EWHC 1702 (Admin)
Parties
Claimant: Neil Andrew Herron; Claimant: Parking Appeals Limited; Defendant: The Parking Adjudicator; Interested Party: Sunderland City Council
Jurisdiction
England and Wales
Judgment Date
15 June 2009
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission to proceed with judicial review granted in part; refused in part.
Legal Topics
Parking Enforcement, Controlled Parking Zones, Judicial Review Procedure, Article 6 ECHR Right to Fair Trial, Independence of Tribunals, Traffic Signs Regulations
Administrative Law Local Government Law Human Rights Parking Enforcement Controlled Parking Zones Judicial Review Procedure Article 6 ECHR Right to Fair Trial Independence of Tribunals +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Neil Andrew Herron

Claimant

Parking Appeals Limited

Claimant

The Parking Adjudicator

Defendant

Sunderland City Council

Interested Party

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the presence of other traffic signs within a controlled parking zone requires road markings to be accompanied by appropriate signs to justify penalty charge notices
  2. 2 Whether the parking adjudicator system lacks independence and impartiality under Article 6 ECHR
  3. 3 Whether the adjudicators failed to give sufficient reasons for their decisions

Ratio Decidendi

Permission to proceed with the claim for judicial review is granted only on the core issue of whether, in the circumstances, the road markings required accompanying signs due to the presence of other traffic signs in the controlled parking zone. Permission is refused on the grounds relating to the independence of the parking adjudicator system and the sufficiency of reasons, as these are unarguable or out of time.

Court Disposition

Permission to proceed with judicial review granted in part; refused in part.

Orders

  • Permission granted to proceed with judicial review on the core issue regarding signage requirements in controlled parking zones.
  • Permission refused on grounds relating to adjudicator independence and sufficiency of reasons.