Environment and Traffic Appeals Tribunal Adjudicator in London

Adjudicators

The Adjudicators are judicial office holders appointed under Section 81 of the Traffic Management Act 2004 and section 73 of the Road Traffic Act 1991. They decide appeals against liability for parking, moving traffic and bus lane penalties imposed by the London Local Authorities and Transport for London. They are independent of these authorities. They are led by a Chief Adjudicator. All are part-time. There is considerable flexibility in the sitting arrangements. They sit such sessions, usually of 3 hours or more, as directed by the Chief Adjudicator. They are paid an hourly fee. Sessions are assigned upon application by adjudicators and subject to the availability of work. Adjudicators are expected to sit for a minimum of 20 days per year, and be available to sit on some Saturdays.

The Environment and Traffic Appeals Tribunal

Adjudicators constitute a tribunal known as the Environment and Traffic Appeals Tribunal. The Tribunal is maintained by London Councils, to provide the administrative and operational infrastructure required to support the Adjudicators in their work. Appeals are dealt with at a Hearing Centre (currently located at 24 Martin Lane, London, EC4R 0DR). The tribunal is open Monday to Saturday. For personal hearings, parties are given an appointment date and time with consideration of the preferences they have given. The appeals are conducted either in person at the hearing centre or remotely via Microsoft Teams. Adjudicators will also deal with a significant number of appeals without the attendance of either party, subject to agreement by both parties. The Road User Charging Adjudicators, who decide appeals against congestion charging and Emission Zone penalties in London, also sit at the Hearing Centre. They are a separate tribunal from the Environment and Traffic Adjudicators.

Digital Adjudication System & Administrative Support

All adjudication is managed through a fully digital end-to-end process using imaged documents. Appeals can be submitted either online through a dedicated portal or by post, while case management, scheduling, and adjudication are conducted within a bespoke case management system. This system stores all evidence and correspondence between the parties and the tribunal electronically, providing instant access to case information throughout the adjudication process. The bulk processing of appeals is handled by our IT and service contractors, NEC Software Solutions. They also provide reception and security facilities at our Hearing Centre and call centre facilities. London Councils also employs a small core team of staff to support the Adjudicators in their case management, make necessary training and sitting arrangements, process claims and provide general service administration and co-ordination. Adjudicators work from a screen in a paperless environment. They type their own decisions and reasons into the case management system. Whilst it is not a requirement for appointment that Adjudicators have proficient typing skills, they will be expected to have acquired them to a reasonable standard before they take up their appointment. Applicants are, however, expected to be computer literate and to have experience of Microsoft Suite.

The Appeals Process

Under the procedures laid down in the Traffic Management Act 2004 (and Regulations made under the Act); the London Local Authorities and Transport for London Act 2003 (and the Road Traffic (Parking Adjudicators) (London) Regulations 1993); and the London Local Authorities Act 1996 for parking, moving traffic and bus lane enforcement respectively, motorists wishing to challenge liability for a penalty charge, including any associated charges such as clamping and removal fees, must first make representations to the relevant Local Authority. If the Local Authority rejects their representations, they can appeal to the Adjudicator. The Regulations provide for appeals to be determined either at a personal hearing or by a postal decision. Cases are decided by a single Adjudicator. Personal hearings last approximately twenty-five minutes and postal cases about fifteen minutes. The local authority does not normally but may on occasion attend the hearing. Where appellants request a personal hearing usually only the Adjudicator and the appellant are present, although they are able to bring a witness or someone to support them. Appellants can also authorise a representative to conduct the hearing for them. Hearings are informal. Parties are not normally legally represented. Adjudicators therefore have to use a variety of questioning and listening skills to decide the merits of the case. Nevertheless, the Adjudicator must decide the matter in the usual way by making findings of fact and applying the law. A keen awareness of the rules of procedure and evidence is essential. From time to time a more formal procedure needs to be adopted. Occasionally, Adjudicators may have to consider a number of cases together in a consolidated hearing or 'test case' on a particular issue. Parties might be legally represented at this type of hearing. The legislation provide for appeals to be determined either at a personal hearing or by a postal decision. Cases are decided by a single adjudicator. Personal hearings last approximately twenty five minutes and postal cases about fifteen minutes. Some Adjudicators also act as Duty Adjudicators, considering ancillary applications and post-decision correspondence. There is no right of appeal from an Adjudicator’s decision although they are subject to Judicial Review. Decisions have been reviewed in the High Court and then the Court of Appeal. To date, leave has not been granted by the Supreme Court for consideration of any decision of a Parking Adjudicator. A parking or bus lane contravention can occasionally create strong feelings in recipients of Penalty Charge Notices or those who have had their vehicles clamped or removed. From time to time Adjudicators may well experience some degree of agitation or aggression at personal hearings. The Hearing Centre is designed and staffed to deal with these situations.

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