London Borough of Barking and Dagenham – Footway Parking

SITUATION

The appellant parked their vehicle on a footway where no exemptions exists.


Within this case there was no doubt that the appellant carried out the contravention.


WHY WAS IT ALLOWED?

The adjudicator was satisfied that the contravention did occur.

However, within the Notice of Rejection from the Enforcement Authority (EA) to the appellants appeal, they did not address all the points made.

The adjudicator was not satisfied that the EA properly considered representations as they are required to do so under Regulations.

Therefore, there was a procedural impropriety.