Wolman v London Borough of Islington & Anor

Wolman v London Borough of Islington & Anor

A motorcycle parked on its stand on the pavement, with its body and one or both wheels on or over the pavement, is in contravention of section 15, even if neither wheel is in direct contact with the pavement, as the mischief is parking on the pavement, not merely physical contact by wheels.

Parties
Claimant/appellant: Clive Wolman; Defendant/respondent: The Mayor and Burgesses of the London Borough of Islington; Defendant/respondent: The Mayor, Commonalty and Citizens of the City of London
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Civil Appeal / Appeal From County Court on Preliminary Point of Law
Outcome
Appeal allowed in part; declaration varied
Legal Topics
Parking Offences, Interpretation of 'on' in Statutory Context, Local Authority Powers, Penalty Charge Notices
Statutory Interpretation Administrative Law Criminal Law (parking Offences) Parking Offences Interpretation of 'on' in Statutory Context Local Authority Powers Penalty Charge Notices

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Parties

Clive Wolman

Claimant/appellant

The Mayor and Burgesses of the London Borough of Islington

Defendant/respondent

The Mayor, Commonalty and Citizens of the City of London

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court on Preliminary Point of Law

Legal Issues

  1. 1 Whether a motorcycle parked with wheels suspended above but not touching the pavement is 'parked with one or more wheels on' the pavement under section 15 of the Greater London Council (General Powers) Act 1974 as amended

Ratio Decidendi

A motorcycle parked on its stand on the pavement, with its body and one or both wheels on or over the pavement, is in contravention of section 15, even if neither wheel is in direct contact with the pavement, as the mischief is parking on the pavement, not merely physical contact by wheels.

Court Disposition

Appeal allowed in part; declaration varied

Orders

  • Declaration by lower court set aside
  • Substituted declaration: By parking his motorcycle on its stand on the pavement with its body and one or both wheels on or over the pavement, the claimant was in contravention of section 15 of the Greater London Council (General Powers) Act 1974 as amended