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This case clarifies that a motorist is expected to be aware of the prohibition against parking adjacent to a dropped footway (which applies at all times), even without the presence of signs or road markings. The dropped footway prohibition also applies when the carriageway has been raised to meet the footway.

Also made clear is that the discount period for payment of a parking PCN applies for 14 days, though the council has a discretion to extend the discount period.

This case clarifies that the review process is limited and the unsuccessful party is not necessarily entitled to a review. Whether the interests of justice require a review depends on the circumstances of any specific case, but even if a ground is proved the adjudicator is not bound to engage in a review; it may not be proportionate to do so.

The case also covers how the principle of de minimis cannot be applied because there is no ‘near miss’ principle in public law. A limited entry into a bus lane is mitigation, which is not a matter for the adjudicator. Only the council can consider mitigating circumstances.

Finally, that an adjudicator decision may appear inconsistent from another does not mean it is necessarily incorrect. Decisions of another adjudicator or jurisdiction are persuasive, they are not binding, unless made by a higher court.

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 identifies a “bus gate” as a type of bus lane, as well as highlighting that the Council has a duty to act fairly and consider exercising its discretion throughout the appeal process. It also highlights that the reduced (50%) penalty amount can be extended by the council in the exercise of its discretion, but that this is not mandatory.

This case clarifies that an error made by a motorist in entering their vehicle registration number in order to purchase an entry to the congestion zone amounted to a contravention, whether intentional or now.

An adjudicator’s powers are limited to the statutory provisions. Discretion falls outside an adjudicator’s powers and extenuating factors are for the authority, not the adjudicator, to consider.