The defendant had been given parking tickets for having parked his motor cycle so as to contravene the regulations which made it an offence to park a motor vehicle with one or more wheels on the pavement. He said that the cycle’s wheel did not rest on the pavement. He now claimed damages for unlawful interference with his goods, the cycle having been impounded.
Held: His appeal failed. The expression ‘parked with one or more wheels on [the pavement]’ must be construed as a whole and it is not only permissible but necessary to have regard to the mischief to which this particular provision is directed in order to determine its meaning. Here the stand was on the pavement, and so was the cycle.
Citations:
[2007] EWCA Civ 823, Times 20-Aug-2007, [2008] 1 All ER 1259
Links:
Statutes:
Greater London Council (General Powers) Act 1974
Jurisdiction:
England and Wales
Citing:
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 19 November 2022; Ref: scu.258479