Wolman v London Borough of Islington & Anor [2007] EWCA Civ 823 (31 July 2007)

Wolman v London Borough of Islington & Anor [2007] EWCA Civ 823 (31 July 2007)

Parking a motorcycle on its stand on the pavement with its body and one or both wheels on or over the pavement constitutes parking 'with one or more wheels on' the pavement under section 15, even if the wheels are not in direct contact with the pavement.

Citation
[2007] EWCA Civ 823
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
Statutory Interpretation, Parking Offences, Penal Statutes
Administrative Law Local Government Law Criminal Law Statutory Interpretation Parking Offences Penal Statutes

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

Ratio Decidendi

Parking a motorcycle on its stand on the pavement with its body and one or both wheels on or over the pavement constitutes parking 'with one or more wheels on' the pavement under section 15, even if the wheels are not in direct contact with the pavement.

Court Disposition

Appeal allowed in part; declaration varied

Orders

  • Declaration by judge 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