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Parking News - JUDICIAL REVIEW - here we go again
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1505grandad said:But according to SC the invoices are on a par with banking, utilities and telecom debts:-
BPA Support (bottom right)
https://portfolio.cpl.co.uk/Parking-News/417/18/7 -
Found this, albeit it's about JR in the context of local government:
https://www.tompkinswake.com/insights/knowledge/from-a-car-parking-fine-to-judical-review-of-a-councils-code-of-conduct/
"The High Court emphasised the focus of judicial review is on process, not outcome and that as a code is an internal regulatory manual, whether there has been correct process or not is generally a matter for a council to assess.In order for a court to intervene, the process would need to fail in such a substantial way that the decision could not stand. The grounds were all rejected."PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD4 -
Perhaps a more relevant JR case was Proserve's challenge to the DVLA's decision not to provide them with keeper data, unless they joined an ATA.
Here, they argued that the DVLA's position was wrong on four grounds - Irrationality, Unlawfulness, Procedural Unfairness and breach of Data Protection.
The Judge rejected all of their arguments, and upheld the DVLA's decision. The full Judgment is available here: Duff, R (on the application of) v The Master, Fellows and Scholars of the College of the Holy and Undivided Trinity Within the Town and University of Cambridge of King Henry VIII's Foundation & Ors [2015] EWHC 1605 (Admin) (12 June 2015) (bailii.org)
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.4 -
The DVLA not sharing the personal details of others was a breach of data protection ... huh? 🙄
The mind boggles.
Jenni x1 -
My limited experience of a JR is that the judges pontificate for ages after the hearing. I just hope that if the PPC's make a request for a JR that it is denied.
Nolite te bast--des carborundorum.2
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