The adjudicator's decision can be contested by the following procedures:
A. Review under paragraph 12 of Schedule 1 to The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
There is no right of appeal from the adjudicator’s decision.
A review may only be granted in the following limited cases:
- The decision was wrongly made because of an error by our administrative staff;
- You failed to appear or be represented at a hearing for some good reason;
- There is new evidence and the existence of this could not have been reasonably known of or foreseen before the decision;
- The interests of justice require a review. You should note that an adjudicator's findings of fact are normally regarded as final and will only be overturned if they are plainly incompatible with the evidence that was before the adjudicator. The mere fact that you disagree with these findings is not a ground for review.
Please note that a review will only be granted if an adjudicator is satisfied that one or more of these applies. A review is not simply an opportunity for you to appeal again. You cannot ask for a review just because you disagree with the adjudicator's decision.
If you wish to apply for review, you should write to the Head of Support Services at the address given on your decision letter within 14 days of the decision being sent to you or handed to you at the hearing centre.
You must:
- Set out in full your grounds for asking for a review; and
- Say which of the cases one to four above you claim applies and why; and
- If you are writing outside the 14 days, explain why. The adjudicator will not accept an application out of time unless there is good reason for the delay
- Request a personal hearing of your application if you want one – if you do not, the application will be decided on the papers only.
Unless you attend a personal hearing, the decision will be posted to you.
Please note that London Tribunals will not inform the enforcement authority of your application unless it is successful - you may wish to inform the enforcement authority of the application yourself.
B. Judicial Review
If an adjudicator interprets the law incorrectly the decision can be reviewed in the High Court by a procedure called Judicial Review.
If you wish to contest a decision using this procedure, it would be wise to get legal advice first. Information on the procedure can be found on the www.gov.uk website. You must file the claim in the court promptly and normally not later than three months after the date of the decision.