Author Topic: Free motorbike pavement parking UK wide?  (Read 9798 times)

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Offline Esinem

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Free motorbike pavement parking UK wide?
« on: 24 December, 2011, 10:26:21 PM »
Just been browsing PATAS and found this little gem (http://keycases.parkingandtrafficappeals.gov.uk/docs/Wolman%20v%20Islington%202007%20EWCA%20Civ%20823.doc)   :rotfl:


4.   Mr. Wolman is a barrister. He lives in Duncan Terrace, Islington and travels to work by motorcycle. At home he parks his motorcycle on its stand which rests on the pavement outside his house. The front wheel of the bike rests on his own property; the rear wheel is suspended slightly above the surface of the pavement. The pavement forms part of an urban road other than a carriageway within the meaning of the Act in the London Borough of Islington.

5.   Mr. Wolman’s chambers are in Lincoln’s Inn. When at work he occasionally parks his motorcycle on the pavement in Chancery Lane resting on its stand with both wheels suspended slightly above the surface of the ground. To balance a motorcycle on its central stand so that neither wheel is in contact with the ground would seem to require a considerable degree of skill, but Mr. Wolman assured us that it can be done and I accept for present purposes that he is right. The pavement in Chancery Lane forms part of an urban road other than a carriageway within the meaning of the Act in the City of London.


18.   The question then is what order this court should make. As I have said, the declaration granted by the judge was too wide because it would cover a motorcycle parked in the road with one wheel extending over, but not touching, the pavement. In my view that is not what Parliament intended. His order must therefore be varied, if not set aside. In paragraph 9 of his particulars of claim Mr. Wolman alleges that
 
“The defendants have no right to issue a PCN [penalty charge notice] against a motorcycle that has been lifted onto, and is resting in a stable position on, its stand such that neither of its two wheels is in contact with the footway or urban road.”

but, even this formulation is not self-contained and fully comprehensive since the proposition is undoubtedly correct if the motorcycle is parked in that manner on the carriageway. This simply emphasises how unsatisfactory any attempt to encapsulate the meaning of the section is likely to prove if it is not grounded in hard facts.
19.   One possible course that was canvassed in argument would simply be to hold that, on the admitted fact that at each location the motorcycle was parked on the pavement or otherwise than on the carriage way, the proposition set out in paragraph 9 cannot be sustained and to order that it be struck out. However, I am persuaded that we can deal with the matter on the basis of the admitted facts and in my view it would be right to do so. I would therefore allow the appeal to the extent of setting aside the declaration made by the judge and substituting for it a declaration that by parking his motorcycle on its stand on the pavement with its body and one or both of its 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 by section 15(2) of the London Local Authorities Act 2000.

Lord Justice Chadwick:
20.   I agree.

Lord Justice Waller:
21.   I also agree.

 :party:
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Offline DastardlyDick

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Re: Free motorbike pavement parking UK wide?
« Reply #1 on: 25 December, 2011, 07:16:03 AM »
But only if you can park the bike so that either:-
 
a) one wheel is on your private property and the other clear of the footpath
 
or
 
b) The bike is balanced on it's stand so that neither wheel is touching the ground when not on private property.
 
a) is easy - front wheel on your property, centre stand = rear wheel clear of pavement, job done
b) would, IMHO be pretty near impossible as every bike/scooter I've ever seen ends up with one wheel on the floor.
 
For those of us with larger bikes, putting it on the centre stand is not an option - I reckon I'm fairly strong, but I can't put 300kg of bike onto a centre stand - my name is not Shwarzenegger!

Nigel W

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Re: Free motorbike pavement parking UK wide?
« Reply #2 on: 25 December, 2011, 07:41:54 AM »
I remember this case. Sorry to spoil your fun.

Esinem's post above includes:

Mr. Wolman (The Appellant) alleges that:
 
“The defendants have no right to issue a PCN [penalty charge notice] against a motorcycle that has been lifted onto, and is resting in a stable position on, its stand such that neither of its two wheels is in contact with the footway or urban road.”

and

"I would therefore allow the appeal to the extent of setting aside the declaration made by the judge and substituting for it a declaration that by parking his motorcycle on its stand on the pavement with its body and one or both of its 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 by section 15(2) of the London Local Authorities Act 2000".
                                                                                      -------------
"Although the (Court of Appeal) judges allowed the appeal because Deputy Circuit Judge Robin Laurie’s declaration on the law against parking was too wide, they substituted a declaration that by parking the motorcycle on its stand on the pavement with its body and one or both wheels on or over the pavement, Mr Wolman was in contravention of the parking laws".

Link: London Times Online.

http://www.goldschmidt.co.za/27/barrister-loses-motorcycle-parking-challenge/

"He now stands to pay for up to 100 parking tickets plus legal costs".

But Lord Justice Moore-Bick, giving the ruling of the Court of Appeal, said: "When parked in Chancery Lane in the manner I have described, his motorcycle can quite properly be said to be parked on the pavement, even if neither wheel is directly in contact with it."

http://news.bbc.co.uk/1/hi/england/london/6924105.stm

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« Last Edit: 25 December, 2011, 06:28:42 PM by Nigel W »

 


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