Key Cases

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Subject: -- not selected --Acting on assurance from local authorityAdequacyAdequacy of Signs and LinesAdequacy of signs; special eventAdjudicator's power to consider validity of traffic orderAdjudicator's powersAdjudicator's powers; collateral challengeAlightingAnalysis of exemptionAuthorisation ultra viresBank & Public HolidaysBank Holidays and Special EventsBill of Rights 1689Bill of Rights; decriminalised enforcement not contrary to; independence of parking adjudicatorsBox extending beyond junctionBox junctionBus Lane EnforcementBus lane; definition. Signage; adequacy, requirement to show practical, not juridical, basis of proCherished Number PlatesClamp; release 'forthwith'; meaningClampingCollateral challengeControlled Parking Zone (signage)Controlled Parking Zones, legality ofControlled Parking Zones; Independence of the AdjudicatorCorrect setting of clockCostsCredit card surchargeDead endDefective sign at end of permitted parkingDefinition of Waiting / ParkingDelayDisabled person's badgeDiscontinuous restrictions; whether multiple contraventionsDrive awaysDuplicitous statement of groundsDuty to disclose evidence; requirement to provide exact copiesDuty to provide signage of restrictionsEffect of Secretary of State's authorisation; adequacy in contextEffect of withdrawal of surchargeEuropean Convention on Human Rights; fair trialExemptions From Parking Restriction for Disabled Persons in Central LondonFluttering Tickets and Out of Order MetersFootway parkingFootway parking; extent of footway; meaning of 'resting in'Footway parking; meaning of 'road' under Road Traffic Regulation Act 1984 s. 142Footway parking; parking adjacent to dropped kerbGreater London Council (General Powers) Act 1974 s.15Human Rights Act 1998Interpretation Act 1978; s17Judicial Review Decision re: Congestion Charging Adjudicator's DiscretionJudicial Review Decision re: Drive aways and Prevention of Penalty Charge Notice ServiceJudicial Review Decision re: Mandatory Details on a Penalty Charge NoticeJudicial Review Decision re: Parking Adjudicator's DiscretionJurisdication of AdjudicatorsLawfulnessLawfulness of removal at a time when bay not restricted to residentsLegal requirement for; meaning of road, highway; footway parkingLegality of road markingsLegitimate ExpectationLoading/Unloading exemptionsLocal authority's duty to consider representations; power to serve further notice to ownerLorry Ban SignageLorry Ban: IrrationalLorry Ban: Validity of Penalty Charge NoticeLorry Ban: Whether Authority had 'reason to believe' Penalty Charge payableMandatory Details on PCNMeaning of 'keeper'Meaning of 'Vehicle Hire Agreement'Meaning of authority having 'made arrangements' with person for employees to be parking attendantsMeters and pay & display; reasonable time to pay; going for changeMinicab - time allowed for passenger to board or alight vehicleMitigation; local authority's duty to consider; discretion whether to enforceMotorcycle on standMoving TrafficMoving traffic contravention; description of contravention on Penalty Charge NoticeNature of de-criminalised enforcement; local authority's powers & duties; effect of delayNon-compliant signNot 'Vehicle Hire Agreement'; whether change of keepershipOut of Order MetersOversigningOwner Liability under the 1991 Road Traffic ActParking attendant; whether lawfully authorisedParking more than 50cm from edge of carriagewayPavement lights; meaning of road, highwayPay & DisplayPay and AppealPayment ArrangementsPayment arrangements incompatible with Traffic Management Order requirementsPayment made; whether contraventionPenalty Charge NoticePenalty Charge Notice DuplicityPenalty Charge Notice; compliance with requirements as to formPenalty Charge Notice; defectivePenalty, paymentPenalty; differential; use of non-prescribed contravention descriptionPolicy of keeping residents' bay clear for residentsPostal Penalty Charge Notice; compliance with London Local Authorities Act 2000Postal statement of locationPower of Adjudicators to consider legality of Traffic OrderPrevention of PCN servicePriorities for removalPrivate Hire Vehicles/TaxisProcedural DefectsProper exercise of powerProportionalityQuantifyingReduced PenaltyReduced penalty; conditional paymentReduced penalty; payment outside discount period; cheque cashed; effectReduced penalty; rationale forReference to surcharge in documentationRelevance of influence of defective sign on motoristRelevance of proportionalityRelevance of published contravention codesRemovalRemoval; 15 minute limitationRemoval; 56 day period to respond to representations; when expiresRemoval; return of driver before vehicle is liftedRestictions unenforceableRestrictions; duty of local authority to give notice of new schemeReviewReview in interests of justiceReview of costs decisionReview; adjudicator's discretion. [Note: As to footway parking, see now Wolman v Islington]Review; admission of new evidenceReview; challenge to findings of fact; approach of AdjudicatorReview; guidelinesReview; time limit for making application; extension of time limitReviewsRight turn exemptionSignsSpecial authorisationStandard & Burden of ProofStatement of contravention and of grounds of representation on Penalty Charge Notice; form ofStatement of groundsStatement of grounds on which parking attendant believed penalty payableStatutory duty to consider representations; whether complied withSuspended bay; whether designated bay remains so outside restricted hoursSuspended BaysSuspended bays; signs forSuspension of controls; signage; requirement for compliant signT BarTax Discs in Car ParksTaxisTemporary parking restrictionsTemporary Parking Restrictions under s.9 LLA 1995Traffic Management Orders; enforceability under Traffic Management Act 2004Trivial and insignificant non-complianceTurnU-TurnUnlawfully marked baysUse of London bus lanes by out of London taxisValidity of Penalty Charge Notice (PCN)Vehicle moved by third party; whether parked by someone in control without owner's consentVehicle shell; whether 'vehicle'; keeper burden of proof where not registered keeperVoucher parking; reasonable time to obtain voucherWhether 'parked with one or more wheels on' the footwayWitness Attendance; adjudicator's power to orderYellow Box

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