In January 2016 the usual balance between the council and the motorist was found. Of the decided cases the motorist won 80 of them and the council 79 so that is almost as near to 50/50 as you can get.
There was only one case which presented any real interest.
The allegation in this case is that the vehicle was parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. Mrs. M disputes this, stating that all the wheels were ‘on the road’ and nowhere near the pavement. She says that she is a disabled badge holder and parked on a single yellow line by virtue of the disabled badge.
Since 1974 there has been a London-wide prohibition on ‘footway parking’. The Highway Code advises that
‘You MUST NOT park anywhere partially or wholly on the pavement in London…’
The precise definition has been amended on several occasions and is presently expressed so that the contravention occurs if the vehicle is parked ‘with one or more wheels on or over a footpath or any part of a road other than a carriageway’. As the prohibition applies across London, there is no requirement for signage at any particular location.
The Enforcement Authority have provided photographs taken by the Civil Enforcement Officer which show the vehicle parked partly on a single yellow line. The single yellow line implies carriageway, although there are other features which might imply a vehicle crossover. It may be that Mrs. M has been fortunate on this occasion and I do not find that the vehicle was parked legally. However, it is the Enforcement Authority who must prove their case and on the evidence I have seen I am not satisfied that the contravention occurred. Accordingly I allow the appeal.
Since 1974 there has been a London-wide prohibition on ‘footway parking’. The Highway Code advises that
‘You MUST NOT park anywhere partially or wholly on the pavement in London…’
The precise definition has been amended on several occasions and is presently expressed so that the contravention occurs if the vehicle is parked ‘with one or more wheels on or over a footpath or any part of a road other than a carriageway’. As the prohibition applies across London, there is no requirement for signage at any particular location.
The Enforcement Authority have provided photographs taken by the Civil Enforcement Officer which show the vehicle parked partly on a single yellow line. The single yellow line implies carriageway, although there are other features which might imply a vehicle crossover. It may be that Mrs. M has been fortunate on this occasion and I do not find that the vehicle was parked legally. However, it is the Enforcement Authority who must prove their case and on the evidence I have seen I am not satisfied that the contravention occurred. Accordingly I allow the appeal.
February might be a little more interesting.
Yours appealingly
Miss Feezance
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