Herron & Anor v The Parking Adjudicator

Herron & Anor v The Parking Adjudicator

A controlled parking zone is not rendered invalid by technical or trivial defects in road markings or signage remote from the location of the contravention. Regulation 4 of the TSRGD requires every part of every road, other than parking bays, to be marked with a single or double yellow line, except where an alternative parking prohibition applies, but non-compliance is immaterial if it could not have misled the motorist at the location of the alleged contravention.

Parties
1st Claimant: Neil Herron; 2nd Claimant: Parking Appeals Limited; Defendant: The Parking Adjudicator; Interested Party: Sunderland City Council; Interested Party: Parking and Traffic Appeals; Interested Party: Traffic Penalty Tribunal; Interested Party: NCP Service Limited; Interested Party: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Traffic Regulation, Controlled Parking Zones, Statutory Interpretation, Judicial Review
Administrative Law Transport Law Traffic Regulation Controlled Parking Zones Statutory Interpretation Judicial Review

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Parties

Neil Herron

1st Claimant

Parking Appeals Limited

2nd Claimant

The Parking Adjudicator

Defendant

Sunderland City Council

Interested Party

Parking and Traffic Appeals

Interested Party

Traffic Penalty Tribunal

Interested Party

NCP Service Limited

Interested Party

Secretary of State for Transport

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Sunderland Controlled Parking Zone complied with Regulation 4 and Direction 25 of the Traffic Signs Regulations and General Directions 2002 (TSRGD)
  2. 2 Whether all single yellow line waiting restrictions within the CPZ are unenforceable due to alleged defects
  3. 3 Proper construction of Regulation 4 of the TSRGD

Ratio Decidendi

A controlled parking zone is not rendered invalid by technical or trivial defects in road markings or signage remote from the location of the contravention. Regulation 4 of the TSRGD requires every part of every road, other than parking bays, to be marked with a single or double yellow line, except where an alternative parking prohibition applies, but non-compliance is immaterial if it could not have misled the motorist at the location of the alleged contravention.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review is dismissed