Parking on a Pavement

Clive Wolman
v
The Mayor and Burgesses of the London Borough of Islington
And
The Mayor, Commonalty and Citizens of the City of London

Judgment of the 31st July 07

Can you escape prosecution for parking your motorcycle on a pavement if it is parked on a stand?

That question was recently put before the Court when a barrister filed an action against the Council after he was punished for parking his vehicle on a pavement.

Facts of the Case

Mr. Wolman lived in Islington and worked in Chancery Lane in Central London. He transports himself to work on a motorcycle and parks it at both locations on a stand that rests on a pavement in such a way that he claimed the wheels did not come in direct contact with the pavement.

On numerous instances Mr. Wolman was issued with parking tickets by parking wardens and on two occasions his motorcycle was moved to the vehicle pound. The specific law under which he was prosecuted (section 15(2) of the London Local Authorities Act 2000) states that

" …. Any person who causes or permits any vehicle to be parked in Greater London with one or more wheels on any part of an urban road other than a carriageway shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale"

Mr. Wolman asked the Court to consider whether his vehicle parked with one or more wheels suspended over but not touching the pavement contravened the law as stated above.

Judgment

His Honour Lord Justice Moore-Bick concluded that where a vehicle was parked as stated by Mr Wolman then it was parked on the pavement (which forms part of the highway). He also pointed out that if he were wrong then you could, for example, lay your motorcycle on a pavement on its side with the wheels suspended in the air and claim that the vehicle was not parked on the pavement.

So, where a motorcycle is parked on a stand on a pavement an offence is committed. 

Mr. Wolman therefore lost his case.

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