A Judicial Review of the Parking Appeals Process

Whilst this cause may not seem on par with others on this site, I ask for your help to bring clarity for the greater community of Scotland.

With parking in Edinburgh becoming the most expensive in Scotland and the parking enforcement officers issuing Penalty Charge notices with unbridled enthusiasm, I feel it is time to review the appeals procedure to ensure a fair and impartial hearing is provided to the public.  As such, I undertake this process, not as a way to raise money to pay a fine as I have paid it in the interim to prevent any misunderstanding from potential contributors, but instead, I look to have the process of Parking fines, council appeals and the adjudication service offered by The Parking and bus Lane Tribunal for Scotland to be exposed and reviewed within the confines of a court by way of a Judicial Review. This hearing will provide a decision that may well alter the current practices across Scotland. 

Having received a Penalty Charge Notice, hereafter PCN, in February 2017, I have set about challenging its validity through all the available channels but have been met with a very dismissive process that seems both predetermined and tailored to safeguard the local authority rather than giving the individual a fair hearing. I have also asked the question as to how the discount of a parking fine only applies if you pay within 14 days of issuing and not at the conclusion of an impartial adjudication process that should have assessed all the facts and has made a final judgment. As it stands, the current situation is preventing the individual from receiving the same reduction if they decide to exercise their legal right to a fair hearing and challenge the competency of the enforcement officer through the impartial tribunal service. 

To give a brief outline, I received the PCN for parking at my flat with Edinburgh. The council have claimed this was on a pavement but have not provided any evidence to support this and rebut my argument that it was within a parking space, my appeal to them was rejected and I then took it to The Parking and Bus Lane Tribunal for Scotland where the first adjudicator sided with myself by way of using legislation and confirmed it to be in a parking space, only to then add that the charge of £60.00 would still apply. I asked for a review of this and was told less by the adjudicator at the second sitting, just that it had been issued in line with the section/ Terms of the Road Traffic Act 1991 (as amended). At both hearings, the council did not arrive to provide any evidence in line with their position and or to rebut my counterclaim.

This second sitting represents the final part of this process unless I can find the finance to continue to a Judicial review. Indeed, the very cost of a Judicial review allows those concerned a level free rein as to hold them to account would cost the applicant a significant amount. I, therefore, seek your help in funding this judicial review to provide clarity as to what these decisions are based on and why the PCN can be issued in such a manner that despite strong counter evidence, the council is always justified. Following successful completion of this process, or if the process is unable to start due to lack of support, all funds generated will be gifted to Edinburgh Children's Hospital.  

I thank you for any help you may be able to give.


Andrew Newell

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