Herron & Anor, R (on the application of) v The Parking Adjudicator & Anor

Herron & Anor, R (on the application of) v The Parking Adjudicator & Anor

Permission to proceed with the judicial review is granted only on the core issue of whether the absence of appropriate signage with road markings, in the context of other potentially confusing signs, invalidates penalty charge notices. Permission is refused on the grounds relating to the alleged lack of independence of the parking adjudicator system and on the sufficiency of reasons given by the adjudicators.

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 granted in part, refused in part
Legal Topics
Parking Enforcement, Traffic Signs, Fair Hearing, Tribunal Independence
Administrative Law Judicial Review Parking Enforcement Traffic Signs Fair Hearing Tribunal Independence

Case Brief

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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 absence of appropriate signage with road markings invalidates penalty charge notices in a controlled parking zone with other potentially confusing signs
  2. 2 Whether the parking adjudicator system lacks independence and impartiality under Article 6 of the European Convention on Human Rights

Ratio Decidendi

Permission to proceed with the judicial review is granted only on the core issue of whether the absence of appropriate signage with road markings, in the context of other potentially confusing signs, invalidates penalty charge notices. Permission is refused on the grounds relating to the alleged lack of independence of the parking adjudicator system and on the sufficiency of reasons given by the adjudicators.

Court Disposition

Permission granted in part, refused in part

Orders

  • Permission to proceed with judicial review granted on the core signage issue only
  • Permission refused on grounds of adjudicator independence and sufficiency of reasons