Eventech Limited (“Eventech”), a subsidiary of AL and the owner of the fleet of private hire vehicles used by AL, received two penalty charge notices (“PCNs”) in October 2010 in respect of the use of minicabs owned by Eventech on the Southampton Row bus lane. Julian Maitland-Walker of Maitland Walker LLP (“MW”) was instructed to appeal against the PCNs before the Parking Adjudicator on grounds of European law.
On 16 August 2011, the Parking Adjudicator dismissed Eventech’s appeals on the basis that he did not have jurisdiction to disapply the relevant bus lane legislation and was not required to determine a potential conflict of domestic and EU law.
An application for judicial review of the Parking Adjudicator’s decision specifically, and the Bus Lane Policy generally, was made and was heard before Mr Justice Burton on 19 – 21 June 2012. Burton J dismissed Eventech’s application for judicial review on 13 July 2012.
Eventech sought leave to appeal Burton J’s decision from the Court of Appeal. Leave to appeal was refused on the papers by the Rt. Hon Sir Richard Buxton but was subsequently granted at an oral hearing by Lady Justice Arden on 06 December 2012.
The substantive hearing of Eventech’s appeal took place before Lord Dyson, Lord Justice Elias and Lord Justice Patten on 23 and 24 April 2013. An issue relating to state aid has subsequently been referred by the Court of Appeal to the Court of Justice of the European Union (CJEU).
The oral hearing before the CJEU was heard on 3 July 2014 with Interveners from the European Commission, the EEA Survelliance Authority and Poland. The Advocate General’s Opinion will be published on 25 September 2014 and the CJEU Judgment early in 2015.
For more information, please contact Julian Maitland-Walker at Maitland Walker.