Not quite
It is the motorist appealing and the basic premise of the appeal is that although the judge found the charge to have elements of a penalty the was commercial justification to the charge.
The motorist through http://www.oeclaw.co.uk/barristers/553/saad-hossain (QC) is going to argue that the can be no commercial justification in consumer contracts, it would lay open the door to lots of people being penalised through companies.
We will have the hearing date by the end of this week.
I have put the judgement here: https://www.dropbox.com/s/2zzz1aso8p7opff/Judgment_1905%20OCRD_2.pdf
& the leave to appeal document created by the judge: https://www.dropbox.com/s/qrrlzq8u8vohx9h/Reasons%20to%20appeal-N460.pdf