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This case clarifies that once service of the penalty charge notice is correctly executed, the loss of the penalty charge notice (even if unlawfully removed by a third party) does not undermine the validity of it, or limit its enforcement.

The motorist’s non-receipt of the penalty does not cause an extension of the statutory discount to arise as of right and the adjudicator has no power to extend a discount or alter the penalty amount.

This case clarifies that a vehicle is parked even if the motorist remains in the vehicle with the engine running, and that stopping, waiting or parking on double yellow lines in order to receive a telephone call is not permitted.

The original adjudicator’s decision is accessible from the button below.

The subsequent review is available here. This review references Schwarz – vs – The London Borough of Camden (2010000692), accessible on this site here.

A further application for judicial review to the High Court was rejected on the same issues.

This case clarifies that yellow line restrictions apply to the carriageway, pavement and verge, and that an area the public can access can form part of the public highway, even if it is private land. Further, parking is not permitted adjacent to the restrictions marked by yellow lines in such areas. The cases also makes clear that the adjudicator cannot interfere in the authority’s exercise of discretion.

This case clarifies that no time plate on signage is required for double yellow lines showing two kerb chevrons. It also highlights that waiting and loading is prohibited at all times and that the Blue Badge concession does not apply at such locations.

This case clarifies that the council is entitled to issue a PCN for each day a vehicle remains parked on double yellow lines. This applied in this case even though the restriction was in force ‘at all times’ and the vehicle was not moved between the issue of each PCN.