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R (Joan Margaret Walmsley) v (1) John Lane (2) Parking & Traffic Appeals Service (2005)

On an appeal to an adjudicator regarding failure to pay the congestion charge under the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001, reg 16(2), the adjudicator could only consider grounds under reg 13(3). He had no general power to give directions he thought appropriate where no reg 13(3) ground was established.

25 November 2005

The appellant (W) appealed against a decision quashing the first respondent adjudicator's decision dismissing an appeal against two penalty charges following failure to pay congestion charges pursuant to the Central London Congestion Charge Scheme contained in the Greater London (Central Zone) Congestion Charging Order 2001. W had used her car on two separate days within the charging area of the scheme. She had paid the charge on both days but made an error in specifying the registration number of her car. Appeals against the penalty charges were rejected and W successfully sought judicial review of that decision on the basis, inter alia, that the adjudicator had a discretion to reduce or relieve her of the penalty under the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001, reg 16. HELD: Appeal allowed. The reasoning of the judge in the instant case could not be reconciled with the decision in R v Parking Adjudicator, ex p Westminster LBC [2002] ...

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