QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
(Sitting as a Judge of the High Court)
|THE QUEEN ON THE APPLICATION OF HUMPHREYS||Appellant|
|PARKING AND TRAFFIC APPEALS SERVICE||Respondent|
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The Respondent did not attend and was not represented
Crown Copyright ©
i. "The facts in this case are not in disputed [sic]. At the time that the penalty charge notice was issued to the appellant's motorbike the bay was suspended. The photograph taken by the civil enforcement officer showed that there was a suspension sign in the bay. The Local Authority has provided evidence that the suspension sign was erected on 24th August. I am satisfied that adequate notice of the suspension was given. I find that the contravention occurred."
i. "Mr Humphreys lives in Shropshire. He regularly travels to London by train to Euston Station. He uses the bike to travel in London. The bike was parked in the nearest motor-cycle bay to Euston. Mr Humphreys usually visits London about once a week. However, on this occasion he parked the bike on 15th August and did not return to London until 3rd September, when he found that the Penalty Charge Notice on his bike. Therefore it is quite clear that Mr Humphrey's [sic] was unaware that the bay was suspended."
i. "The Council acknowledges that appellants [sic] statement that they parked their vehicle before the erection of the AWS and the Council records do confirm that to be the case. The Council would also acknowledge that there is no legal requirement for a driver to regularly check their vehicle to ensure a parking bay has not been subsequently suspended."
i. "In correspondence the Local Authority suggests that the appellant should have made some arrangement to check on the status of the bay in case it was suspended. It is quite usual for a resident's bay to be suspended. Motorists issued with permits are advised of their responsibility to check status of bays and to make arrangements if they are away from home for an extended period. As the appellant's bike was parked near to a mainline station whilst he travelled outside London it seems to me to be unlikely that he could have arranged for anyone to check the status of the bay on a regular basis."