2017 accident Vehicle insurance | Parking Lot Accident & car insurance
Law Report owner responsible car goes well garage parking.
Regina v Parking Adjudicator, ex parte Wandsworth London Borough Council; Court of Appeal Lord Justice Stuart-Smith, Lord Justice Morritt, Sir John May 1 November. 1996
When a car was parked in contravention of parking regulations, it was the registered owner of the car who was required to pay the fine, and not his guardian at the time of the contravention which, consequently, a garage that a car was temporarily assigned for repairs parked illegally, he was the owner who had to pay the fine and not the garage.
The Court of Appeal upheld the Wands-value London Borough Council appeal against the refusal of the Queen's Bench Divisional Court, July 10, 1996, to grant judicial review of arbitrator's decisions parking October 18 and November 2nd. 1995
The referee had allowed an appeal by Jane Francis against a notice to owner served by Wandsworth demanding payment of two penalties It was suggested that the owner of the vehicle at the time of the offenses was not Miss Francis, but the auto mechanic, MD Baker, in whom she had confided holding for repair, which was illegally parked, but did not notice him the trouble.
The Road Traffic Act 1991 under section 66 2 that a penalty is payable by the owner of the vehicle by Annex 6, paragraph 2, the person to whom notice was served to the owner after the failure payment of a penalty, may make representations against the opinion, in particular because, by paragraph 2 4a, the recipient ii ceased to be the owner before the date on which the alleged offense was committed.
By paragraph 3 2 cancellation of opinion on those reasons should not be taken to prevent the London authority concerned to serve a new notice to the owner of another person.
2 For the purposes of this Part of this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept 3, it is presumed that the owner was the person in whose name the vehicle was then registered under the Excise vehicles and Registration Act 1994.
The Regulations recording licenses for road vehicles 1971 SI 450 which remain in force by virtue of Articles 22, 64 and Schedule 4 of the 1994 Act provided by Regulation 12 January that the ownership change a vehicle of its former owner must provide all documents and vehicle license registration to the new owner and notify the Secretary of State for Transport.
Richard Gordon QC M B A Walker Wandsworth; Alan Wilkie QC and Ranjit Bhose Caroline Sheppard, Parking Appeals Service will.
Lord Justice Stuart-Smith said the approach of the arbitrator, whose decision to the Divisional Court upheld was that the presumption of ownership in Article 82 3 was rebuttable, that the word dungeon was an ordinary English word, and that it was a question of fact and degree whether at any time another person or registrant was the guardian.
Wandsworth argued that the only way the presumption in Article 82 3 could be rebutted by was one of the reasons 4a paragraph 2 of Schedule 6 to satisfy paragraph 2 4 a ii, the arrangement should be such that would require the notification of a change of ownership pursuant to Article 12 of the 1971 Regulations confident simply a vehicle to a garage for repair was not such a provision.
The referee argued that it was not possible to interpret Article 82 3 by reference to the regulations The presumption does not color or change the nature of the investigation by the referee, who was simply to decide a question of fact that was the guardian at the appropriate time.
HE agree with Wandsworth It was necessary when we consider that there was sufficient provision of the vehicle in Article 2 4 a ii to rebut the presumption of ownership in Article 82 3 d examine whether it was the kind of provision that would require registration under section 12 of the 1971 Regulations, it was watching the situation as it was, or seemed to be, and see if there was a reason that it otherwise.
If the referee had adopted such an approach, it could decide as he had made his decision must be annulled.
Law Report owner responsible car goes well in The Independent garage parking, compared, owner, manager.