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A procedural error that does not resulting in unfairness does not amount to a procedural impropriety. The intention of Parliament could not have been that an inconsequential error would defeat the substantive purpose of the legislative scheme. This decision applies the judgment in Glasgow City Council v The Upper Tribunal of Scotland [2025].

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 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 highlights that the motorist is expected to be aware of the significance of bus stop markings and that – other than buses – waiting is not permitted in a bus stop. This is a stopping contravention with no period of grace.

This case clarifies that a vehicle stopped in contravention outside a school is not required to have its wheels on the ‘zigzag’ road markings to be in contravention of the no stopping prohibition.