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This case highlights that if a motorist makes a clean air zone payment to an unofficial website, they remain responsible to the charging authority for the penalty and charge. While in this case the motorist did not intend to avoid the charge, the circumstances described amount to mitigation that the adjudicator does not have the power to take into account. The authority is entitled to enforce the full penalty amount.

This case highlights and clarifies a number of issues:

• Signs and lines must adequately advise the motorist of the restriction, but do not need to be in pristine condition. Substantial compliance with the regulations is sufficient, but signs must not mislead or fail to inform.
• There is no requirement on the civil enforcement officer to record the model of the vehicle.
• The blue badge concession does not apply when waiting restrictions are in force. When no waiting restrictions are in force, the clock must be set to the time of arrival and three hours parking time is permitted.
• There is no right to an observation period or period of grace.
• The 50% discount is offered to the penalty charge notice only – any further discount is at the council’s discretion.
• The authority has a period of six months to serve the Notice to Owner.

This case clarifies that pay and display includes the virtual display of payment. It is the responsibility of the motorist to enter and select the correct location when using a pay-by-phone or parking mobile application, and an adjudicator cannot consider mitigation.

This case clarifies that a Clean Air Zone scheme is self declaratory and an honest mistake is not a ground of appeal. The responsibility rests with the motorist to establish whether a payment is due and to make that payment. When a payment is made for the wrong date in error, a contravention still occurs.

This case underscores that the responsibility rests with the motorist to purchase parking time for the correct vehicle  A contravention occurs when parking time purchased does not correctly identify the vehicle parked.  This applies even when the incorrect registration mark was entered in error. That a payment was still made is not relevant. The payment must be made for the correct vehicle, identified by the vehicle registration mark provided by the motorist.

The Scottish Upper Tribunal decision is binding on the Scottish First Tier Tribunal for Scotland (General Regulatory Chamber) and is a persuasive decision in other UK jurisdictions.