Transport for London, R (on the application of) v Parking Adjudicator

Transport for London, R (on the application of) v Parking Adjudicator

The court held that merely preparatory acts by a parking attendant, such as noting details or beginning to write a ticket, do not amount to an 'attempt to issue' a penalty charge notice. 'Issue' is confined to the act of fixing the notice to the vehicle or handing it to the driver. Therefore, a driver driving away before the notice is affixed or handed over does not amount to 'prevention' under section 5(1) of the London Local Authorities Act 2000, unless accompanied by violence or threats of violence. The established practice and the draft Code of Practice support this interpretation, and the court declined to overturn this settled understanding.

Parties
Claimant: Transport for London; Defendant: The Parking Adjudicator; Interested Party: Simon Ademolake
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Parking Enforcement, Judicial Review, Interpretation of Statutory Provisions
Administrative Law Road Traffic Law Parking Enforcement Judicial Review Interpretation of Statutory Provisions

Case Brief

Summary, issues, holding and outcome

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Parties

Transport for London

Claimant

The Parking Adjudicator

Defendant

Simon Ademolake

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 What constitutes an 'attempt to issue' a penalty charge notice under section 5 of the London Local Authorities Act 2000?
  2. 2 Does a driver driving away before a penalty charge notice is affixed or handed over amount to 'prevention' under the Act?

Ratio Decidendi

The court held that merely preparatory acts by a parking attendant, such as noting details or beginning to write a ticket, do not amount to an 'attempt to issue' a penalty charge notice. 'Issue' is confined to the act of fixing the notice to the vehicle or handing it to the driver. Therefore, a driver driving away before the notice is affixed or handed over does not amount to 'prevention' under section 5(1) of the London Local Authorities Act 2000, unless accompanied by violence or threats of violence. The established practice and the draft Code of Practice support this interpretation, and the court declined to overturn this settled understanding.

Court Disposition

Application for judicial review dismissed

Orders

  • No order for costs
  • Permission to appeal refused