Environment and Traffic Appeals Tribunal Adjudicator

Package Description

ELIGIBILITY AND SELECTION CRITERIA

ELIGIBILITY

To be qualified for appointment as an adjudicator, there is a statutory requirement for at least five years of post qualification experience (PQE) This means that while holding your legal qualification, you must have been engaged in 'law related activities' - whether paid or unpaid, full or part-time - for a minimum of 20% of the time in any year that forms part of your PQE. 

1. Statutory requirement: applicants must meet the statutory requirement set out  above.
2. Age: the retirement age is 75. London Councils and the Lord Chancellor would expect a reasonable period of service before retirement.
3. Health: applicants should not suffer from any illness that would prevent them from properly carrying out the duties of a Parking Adjudicator.
4. Physical requirement: applicants must be able to meet the physical requirements of service in the office of Parking Adjudicator. In particular, they should have satisfactory sight and hearing (with technological assistance if required) and should also be able to sit and to concentrate for long periods of time. Persons with disabilities should not be discouraged from applying; each individual will be considered by London Councils on merit in this as in other respects. If you have a disability which may prevent you from meeting any of the criteria, tell us about this in your application. Please tell us what we could do to help you meet the criteria.
5. Character: applicants should be persons who conduct themselves at all time, both in their professional and personal lives, in a manner which will maintain public confidence in the standards of the judiciary.

In particular, applicants will be required to declare the following:

1. Whether they have been convicted of or cautioned for any criminal offence;
2. Whether they have been adjudged bankrupt, made a composition with their creditors, or been sued to judgment for any debt;
3. Whether they have had proceedings brought against them or paid a penalty, or made a composition in respect of failure to pay, or made any other default relating to, VAT or any other form of tax or rates;
4. Whether they have ever had an action brought against them (or in the case of a solicitor against the applicant’s firm) in respect of a matter involving the applicant personally (or under his/her supervision) for professional negligence, without the matter being dismissed;
5. Whether they have been or are currently subject to the disciplinary or complaints handling process of the Bar or of The Law Society in respect of a matter involving the applicant personally or under his/her supervision (including the Bar’s and The Law Society’s procedures in respect of inadequate professional service or ‘shoddy work’), without the matter having been dismissed;
6. Whether any allegations related to the disciplinary or complaints handling process of the Bar or The Law Society have been, or are currently, under investigation by the Legal Services Ombudsman in connection with a matter involving the applicant personally or under his/her supervision. This includes procedures by the Bar or The Law Society regarding inadequate professional service or 'shoddy work,' where the allegations have not been dismissed by the Legal Services Ombudsman, particularly in relation to the conduct, character, or work of the applicant.
7. Whether they are aware of anything in their private or professional life that would be a source of embarrassment to themselves, London Councils or to the Lord Chancellor if it became known in the event of appointment as a Parking Adjudicator (London).

An affirmative answer to any of these questions will not necessarily exclude a candidate from appointment. London Councils will consider each application on its merits taking into account the seriousness of any relevant matter and the length of time since any relevant incident occurred. Checks will be made with the appropriate bodies before a candidate is offered appointment.

•  London Councils cannot consider for appointment lawyers employed by any local authority or the Government Legal Service.

• Appointments can only be made with the consent of the Lord Chancellor under Section 73(3)(a) of the Road Traffic Act 1991and Traffic Management Act 2004

SELECTION CRITERIA

The Chief Adjudicator, selection panel will have regard to the comments (which are given in confidence) received from judges and members of the profession who have been consulted about the individual’s qualities and suitability for appointment in relation to the criteria set out below. Applicants will have demonstrated possession of the following skills and attributes in their professional careers and the capacity to develop them further with experience in part-time judicial office.

Job Introduction

Parking Adjudicators

The Parking 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.

Parking Adjudicators 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 be 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 Parking Adjudicators in their work.

Appeals are dealt with at a Hearing Centre (currently located at Chancery Exchange, 10 Furnival Street, London, EC4A 1AB. The tribunal is open Monday to Saturday.

For personal hearings, parties are given an appointment date and time according to the preferences they have given. The appeals are then heard face to face or over the telephone. There are plans to move to personal hearings 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 Parking Adjudicators.

It is the aim of the Adjudicators to provide a business-like and customer-focussed service.  Indeed, Sir Andrew Leggatt’s Report of the Review of Tribunals (a report commissioned by the Lord Chancellor in May 2000 and published in Autumn 2001) commented favourably on the work of the service and the Adjudicators, saying that its approach to managing scheduling and hearings “……. show a concern for users unmatched elsewhere in the justice system”.

Digital Adjudication System & Administrative Support

 All appeals are dealt with via an end-to-end digital adjudication process with imaged documents. The appeal form and all other documents and evidence are uploaded into our case management system. Case management (including scheduling) and adjudication is carried out almost entirely through the system.

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 Windows 10 and Office 365.

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 Parking Adjudicator.

The Road Traffic (Parking Adjudicators) (London) Regulations 1993 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 a Parking 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.

Main Responsibilities

To attend scheduled sessions to determine appeals, both at personal hearings and requests for postal decisions.

Personal Hearings

            At personal hearings the Adjudicator will:

• Hear appeals, usually on a ‘one-to-one’ basis.
• Conduct the proceedings in an informal manner unless circumstances require a more formal hearing.
• Explain the procedure and the way in which he/she is proposing to conduct the hearing.
• Explore fully all relevant and factual issues.
• Explain the relevant legal issues in plain English.
• Control the hearing effectively whilst giving the parties and any witness full opportunity to contribute.
• Use a variety of questioning techniques to test the case.
• Use active and passive listening techniques as appropriate.
• Summarise the issues for the benefit of the parties.
• Give clear and concise reasons for his/her decision and, where necessary, explain any misunderstandings of the regulations applicable.
• Conduct hearings to ensure that any form of discrimination is eliminated.
• Not let their personal views of the ethnic or national origin, sex, religious beliefs, political views or sexual preference of any party influence their conduct, attitude or decision.

              Postal Decisions

            With postal decisions the Adjudicator will:

• Determine appeals where neither party wishes not to attend in person.
• Explore fully all relevant and factual issues.
• Arrive at a decision based on information provided by both the appellant and the local authority.
• Give clear and concise reasons for his/her decision, and where necessary, explain any misunderstandings of the regulations applicable.
• Give an explanation of the relevant legal issues in plain English.
• Not let their personal views of the ethnic or national origin, sex, religious beliefs, political views or sexual preference of any party influence their attitude or decisions         

      1.  Adjudicators may from time to time:—

• ​Consider applications for review under Regulation 11 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993.
• Consider applications for costs under Regulation 12 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993.
• Consider applications that appeals be heard out of time under Section 72(1)(b) and Paragraph 5(1)(b) of Schedule 6 to the Road Traffic Act 1991, and Paragraph 6(1)(b) of Schedule 1 to the London Local Authorities Act 1996.
• Consider statutory declarations made under Paragraph 8 of Schedule 6 to the Road Traffic Act 1991 and Paragraph 10 of Schedule 1 to the London Local Authorities Act 1996.
• Perform other similar functions.           

      2.  Adjudicators will also be required to:—        

• Attend training sessions.
• Attend meetings with the Chief Adjudicator and other London Adjudicators.
• Provide regular reports and actively discuss their sittings with the Chief Adjudicator.
• Provide or contribute to prepare a short annual report on their year’s work for London Councils Transport and Environment Committee for London. These reports will be collated by the Chief Adjudicator for presentation as a single annual report to the secretary of state.

The Ideal Candidate

Knowledge and Experience

1. Legal

          Successful candidates:

(i)  will have attained a high level of professional achievement and effectiveness in the areas of law in which they have been engaged whilst in professional practice;

(ii) be able to show mastery of the broad issues involved in parking, moving traffic and bus lane enforcement and a willingness to learn; and

(iii) have an appreciation of the implications of moving from a criminal to a decriminalised environment and of making determinations in the post-Human Rights Act 1998 era.

              AND

                          (iv) will possess, or have the ability rapidly to acquire:

•  a sound legal knowledge, in particular of the relevant provisions of the Traffic Management Act 2004, The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022; the London Local Authorities and Transport for London Act 2003 and the London Local Authorities Act 1996;
• a sound knowledge of general tribunal procedure.

NB - London Councils and the Lord Chancellor do not regard advocacy experience as an essential requirement for appointment as a Parking Adjudicator.

       2. Technical  

           Successful candidates will also have demonstrable computer experience and knowledge. They will:

• have practical experience of Microsoft Windows 11 applications Windows 365 and Teams;
• be willing to work in a fully automated paperless environment incorporating continuing development in information technology; and
• possess well developed keyboard skills and be prepared to engage in remote working situations.

Skills and Abilities

       Successful candidates will have:

       1. Intellectual and analytical ability

• the ability to concentrate for long periods of time and to understand and assimilate facts and arguments, and the ability to recall such evidence and information speedily and accurately;
• the ability to elicit from appellants, witnesses and local authority representatives (when present) the facts relevant to the issues in question;
• the ability to identify legal principles without the benefit of submissions from advocates and to apply those principles to particular facts, then to determine from all the evidence (in its various forms) those issues and facts which are relevant and important and those which are not;
• keen forensic skills.

      2. Sound judgment

• the ability to exercise discretion effectively; to apply their knowledge and common sense to make decisions which are consistent with the evidence and in compliance with the law; they will be able to consider competing arguments and reason logically to a correct and balanced conclusion.

     3. Decisiveness

• the ability to reach firm conclusions (at speed), to think, decide and act independently of others, and to rely on their own judgment.

     4. Communication skills

• the ability to communicate effectively with personal appellants and other parties; giving instructions and explaining complex issues; giving clear and concise reasons for each decision, both orally and by typing immediately into the case file.

     5. Authority

• the ability to command the respect of all parties, tribunal users and staff and to maintain fair minded discipline at all times, without appearing pompous, arrogant or overbearing;
• the ability to promote expeditious despatch of business, preventing unnecessary prolixity, repetition and irrelevance whilst ensuring that all parties (who are not usually legally represented) are enabled to present their case and their evidence as fully and fairly as possible.

Personal Qualities

      Successful candidates will possess the following personal qualities:

      1. Integrity

• they will have a history of honesty, discretion and plain-dealing with professional colleagues, clients, the courts and socially;
• they will possess independence of mind and moral courage, being prepared to take and maintain unpopular decisions when necessary;
• they will have generated the trust, confidence and respect of others.

     2. Fairness

• they will be open-minded and objective, having the ability to recognise any personal prejudices and to set them aside;
• they will deal impartially with all matters which come before them and will seek to ensure that all who appear before them have an opportunity for their case to be clearly presented and that it is then considered as fully and dispassionately as possible.

    3. Understanding of people and society

• they will have knowledge and understanding of, and respect for, men, women and children from all social backgrounds. They will be sensitive to the influence of different ethnic and cultural backgrounds on the attitudes and behaviour of people whom they encounter in the course of their work.

    4. Maturity and sound temperament

• they will display a maturity of attitude and approach;
• they will be firm and decisive while remaining patient, tolerant, good-humoured and even-tempered.
• they will exercise common sense.

    5. Courtesy and humanity

• they will be courteous and considerate to all parties and tribunal staff;
• they will have and convey understanding of, and sympathy for, the needs and concerns of appellants and other parties as appropriate and be sensitive and humane.

    6. Commitment

• they will be committed to public service and to the proper and efficient administration of justice, which they will pursue conscientiously, with energy, diligence and a sense of humour.
• they will be committed to the collegiate approach of the Parking Adjudicators, gladly attending training sessions and willing to share legal opinion and experience, with other Adjudicators and the Chief Adjudicator.

About The Company

London Councils is the collective of London local government - the 32 boroughs and the City of London. Through the London Councils Shared Ambitions agreed by our political leadership, we aim to get the best deal for Londoners and to ensure that London’s councils have the resources, freedoms and powers to do the best possible job for their residents and local businesses. We also run a number of services on behalf of the boroughs including the Freedom Pass, Taxicard and Health Emergency Badge.