Example Cases

Taken without owner's consent

Many appeals are made on the ground that the penalty had been incurred while the vehicle was in control of someone who had taken the vehicle without the owner's consent. Such cases always require very close examination of the evidence and the surrounding circumstances.

Vehicle taken on a test drive by a girl friend's "friend" (TN53)
Appealing, on the grounds that the vehicle had been taken without his consent, against an NTO sent following a PCN issued for waiting on double yellow lines, the appellant claimed that an "unidentified" person had been allowed by his girl friend to take the vehicle on a test drive, during which the PCN had been incurred. The Adjudicator ruled that, if there had been a test drive, it had been with the girl friend's consent - and the appellant's implied consent.
The appeal was dismissed.

Vehicle lent to a friend whose son incurred a penalty charge

The appellant appealed against an NTO sent following the issue of a PCN to a friend's son. At the hearing, the owner claimed that he had lent the vehicle to the friend, who had allowed his son to use it and it was he who had incurred the parking penalty charge. The appellant agreed that he had not put specific restrictions on the use of the vehicle, but had not expected PCNs to be issued. The Adjudicator found that the facts indicated that the appellant had given his friend control and custody over the vehicle for a short period of time, thereby implying authority to use it as he wished, including the further loan to his son.
The appeal was dismissed.

A vehicle stolen while the owner was in custody (BH467)
The appellant had been arrested and held in custody for 13 days. During this period, his house was broken into and the car keys taken. The vehicle had subsequently been issued with a PCN. The car's owner appealed on the ground that the vehicle had been taken without his consent. The Adjudicator found that the vehicle had been so taken such that the owner was not liable to pay the penalty charge.
The appeal was allowed.

A car left with a garage for repair (SN 238)
The appellant was issued with an NTO following a parking contravention about which she had no knowledge. Some time before the contravention, the vehicle had been left with a mechanic for repair. She therefore appealed against the penalty on the ground that the vehicle had been taken without her consent. The Adjudicator found, however, that there was implied consent for the vehicle to be used by the mechanic in connection with the repairs and that there had been no explicit withdrawal of that consent.
The appeal was dismissed.

A vehicle taken by a lodger (BH468)
The appellant, issued with an NTO following a parking contravention, appealed on the ground that the contravention had taken place when the vehicle had been taken by his lodger without his consent. At a personal hearing, the Adjudicator heard from the appellant that the vehicle's keys were kept in a box by the front door, but that there had been no discussion concerning the vehicle's use and the lodger had a car of his own. The Adjudicator found that the owner had given no implied or express consent to the vehicle being used by the lodge, who had thus taken it without the owner's consent and was liable to the penalty.
The appeal was allowed.

Pages in Example Cases

1. Appeal outcomes: Allowed or dismissed
2. Condition of signs and lines
3. Suspended bays
4. Inconsistent enforcement
5. Fluttering tickets
6. When is a highway not a highway?
7. The admissibility of evidence
8. Taxis and private-hire vehicles
9. Payment going astray
10. You are here: Taken without owner's consent
11. Owner not the driver
12. Circumstances beyond driver's control
13. Going for change
14. Parked beyond bay markings
15. The issue of evidence
16. Cloned vehicles
17. Issues of PCN accuracy
18. Disc Zones
19. Vehicles on hire
20. Council discretion
21. Issues with Traffic Regulation Orders (TROs' or local parking bylaws)
22. Credit Card Surcharge