Find Key Cases

This case makes clear that the registered keeper of the vehicle remains liable to the council for the civil littering penalty, even if they themselves did not throw, drop or otherwise deposit the litter.

The case also covers the fact that the council must prove a person throws down, drops or otherwise deposits litter from the vehicle and leaves it on land the council has a duty to keep, so far as is practicable, clear of litter.

This case clarifies that private hire vehicle (PHV) drivers are not entitled to stop at a bus stop to allow passengers to board or alight. This is a stopping contravention with no period of grace.

This case makes clear that there is no time limit for issuing the road user charging penalty charge notice under the regulations and that – on receipt of representations against the penalty charge notice – the authority seeking to reject those representations must issue a Notice of Rejection within 56 days. That notice must include the required information detailed under the regulations.

If a Notice of Rejection is not served, the authority is deemed to have accepted the representations. Re-issuing the penalty charge notice to allow for a further period of discount does not remove the authority’s obligation to issue a valid Notice of Rejection in response to representations.

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 it is the DVLA registered keeper of the vehicle (who may not be the owner) at the time of the contravention who remains liable to the charging authority for the Clean Air Zone charge and penalty.