Coventry Restricted Parking Zone decision and explanatory note

Hickson & Others
v
Coventry City Council

Explanatory Note

About the decision

The decision relates to the liability of the five appellants to pay the penalty charge notice. The adjudicator allowed the appeals and directed Coventry City Council to cancel the PCNs.

Each case is decided on its own merits depending on the facts of the case.

The decision was issued on 8 May 2018. The authority may consider whether to apply for a review of the decision. The grounds for a review, which must be made within 14 days of the decision, are limited and are set out in the regulations

Read the decision.

What will happen next?

Adjudicators only have the power to decide the appeal brought before them, giving reasons for their decision. They may give directions concerning the particular appeal and penalty charge, but do not have the power to make wider directions. It is a matter for the council whether they take any action following the decision.

What will happen next will also depend on whether the authority apply for a review of the decision.  The authority may consider whether to apply for a review of the decision. The grounds for a review, which must be made within 14 days of the decision, are limited and are set out in the regulations.

The tribunal makes no comment about the wider implications of the decision for the authority and the RPZ scheme in Coventry.

The Traffic Penalty Tribunal

The Traffic Penalty Tribunal comprises independent lawyer adjudicators who deal with appeals against penalties issued by 311 local authorities in England (outside London) and Wales in respect of civil parking and bus lane enforcement.  They also decide appeals against penalties for moving traffic contraventions in Wales as well as penalties imposed for failing to pay the road user charge at the Dartford Thurrock River Crossing and the Mersey Gateway Bridge Crossing where the enforcement authority is the Secretary of State for Transport and Halton Borough Council

TPT has recently introduced an online appeal process where motorists who have had their representations to the authority rejected can appeal quickly and easily online, uploading evidence such as photographs. The authority uploads its evidence to be viewed by the motorist and the adjudicator, including the video of vehicles driving in the bus lane.

It is free to appeal to TPT:

  • Traffic Penalty Tribunal adjudicators are all independent lawyers
  • More than 80% of appeals are now dealt with online
  • 11% of cases are now closed within 24hours
  • 45% of cases are closed within 2 weeks
  • 60% are closed within three weeks and 70% within 4 weeks
  • More than half of motorists win their appeal
  • Over 21000 cases were handled in the year to March 2018
  • People who cannot appeal online can request a TPT assistant support them through their appeal off line

Who can appeal to the Traffic Penalty Tribunal?

There is a regulatory process including time limits for appealing to the adjudicator. Motorists must wait until they receive a Notice to Owner from the authority and first make representations to the authority.  If the representations are formally rejected then they can appeal to the TPT adjudicator. That process applies to Coventry motorists as with any appeals against other authorities.