Wolman v London Borough of Islington & Anor

The statutory prohibition on parking with wheels on an urban road other than a carriageway is construed by reference to the provision as a whole and the mischief addressed, not by dictionary meaning alone. It covers a vehicle partly on the road where a wheel rests on the pavement. It also covers a vehicle wholly parked on the pavement, including a motorcycle on its stand, even if its wheels do not directly touch the surface. The presumption against doubtful penalisation applies only where genuine ambiguity exists. The prohibition does not extend to a vehicle parked on the carriageway merely because its body or a wheel projects over the pavement. Whether a vehicle is parked on the pavement remains fact-sensitive where part rests elsewhere.

Mr Clive Wolman brought proceedings against two London local authorities after parking attendants issued penalty charge notices and, on one occasion, removed his motorcycle. He claimed damages and injunctions, including claims for wrongful interference with property, breach of statutory duty, harassment and misfeasance in public office.

At trial, His Honour Robin Laurie determined a preliminary issue concerning the meaning of section 15 of the Greater London Council (General Powers) Act 1974, as amended. The judge held that a motorcycle parked on its stand with its wheels suspended above the pavement was parked with wheels on the pavement and granted a broad declaration. The appeal concerned whether the statutory prohibition applied where the wheels did not directly touch the pavement.

The Court of Appeal, in the judgment of Moore-Bick LJ agreed by Chadwick and Waller LJJ, allowed the appeal to a limited extent. It set aside the lower court’s declaration and substituted a declaration based on the admitted facts.

1. Statutory construction. The prohibition in section 15 of the Greater London Council (General Powers) Act 1974, as amended by section 15(2) of the London Local Authorities Act 2000, had to be construed as a whole and in context. The court could consider the mischief addressed by the legislation. Dictionary definitions of the individual word “on” could not determine the meaning of the statutory expression. The approach was consistent with the contextual approach described in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 W.L.R. 896 at 913.
2. Meaning of parking on the pavement. A person contravenes the provision by parking a vehicle partly on the road with one or more wheels resting on the pavement. The provision also covers a vehicle parked entirely on the pavement where the whole vehicle, including its wheels and other parts, rests on the pavement. In the case of a motorcycle on its centre stand, the absence of direct contact between the wheels and the pavement does not prevent the motorcycle from being parked on the pavement.
3. Limits of the provision. A vehicle parked with all its wheels on the carriageway is not parked on the pavement merely because part of its body, or a wheel, projects over the pavement. Similarly, where part of the vehicle rests elsewhere, whether it is parked on the pavement is a question of fact. The lower court’s declaration was therefore too broad.
4. Penal interpretation. The presumption against doubtful penalisation is relevant only where the provision is genuinely ambiguous. Once the statutory mischief and context were considered, the provision was sufficiently clear to support the extended meaning of “on”. On the admitted facts, the motorcycle was parked on the pavement with its body and one or both wheels on or over it, and was in contravention of section 15.

• Court of Appeal (Civil Division) — [2007] EWCA Civ 823: allowed the appeal to a limited extent, set aside the declaration and substituted a declaration that the motorcycle was parked in contravention of section 15.
• Mayor’s & City of London County Court: on a preliminary point, held that parking a motorcycle on its stand with its wheels raised over the pavement fell within section 15 and granted a declaration expressed in broader terms.