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This case clarifies that the blue badge concession can only apply when the badge is clearly displayed in the vehicle. A badge that has fallen from view is not clearly displayed.

More generally, the council does not have to prove that a motorist intended to park in contravention, only that a contravention occurred, and adjudicators have no power to take mitigating circumstances into account.

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 clarifies that unless there is a medical emergency – such as would cause the immediate suspension of parking / driving regulations – the reason for stopping/parking amounts to mitigation that an adjudicator does not have the power to take into account.

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 highlights that proving an element of intention is not required under the fixed penalty scheme, and that an adjudicator cannot take mitigation into account.