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This case clarifies that a clean air zone charge applies from midnight to midnight. A vehicle remaining in a zone after 11.59pm becomes liable for the following day’s charge, even if the vehicle only remains in the zone for a limited period after midnight, and only due to heavy traffic. The circumstances described in this and such a case do not provide a ground of appeal under the statutory fixed penalty scheme. They amount to mitigation that the adjudicator does not have the power to consider.

This case clarifies that there is no concept of a ‘near miss’ in public law. That the motorist entered a bus lane shortly before time restrictions were lifted is mitigation, not a ground of appeal.

This case clarifies that a motorist seeking to take advantage of the statutory discount (50%) period must make a payment within 14 days of service of the penalty charge notice, and that making representations to the authority within the initial 14-day discount period does not cause an extension of that discount to arise.

The charging authority is not obliged to extend the discount or respond to the representations within the 14-day period. The Notice of Rejection of Representations must be issued within 56 days of receiving formal representations. By this time the motorist’s option of making a reduced payment will have expired.

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.