Footway Parking - Bikers beware!

Footway parking is an area where London is different from the rest of the country. Outside London if parking on a footway or verge is prohibited then there must be a sign indicating the prohibition. Inside the Greater London area all footway parking is prohibited unless it is specifically exempted and signs indicate that you may park partially or wholly on the footway.

Footway parking bans apply equally to motorcycles. A lot of bikers take advantage of private forecourts. Here, because they are not part of the public highway, they have been beyond reach of parking attendants.

Differing interpretations of the law

However, in 2001, the London Parking Appeals service made a different interpretation of the limit of public highway. What in essence it said was that if pedestrians have enjoyed unrestricted access to a forecourt, for example in front of a shop window, then it can be considered ‘public highway’ for the purposes of parking enforcement.

What the ruling seems to be saying is that if a bike is parked in an area that would otherwise be walked over by pedestrians then a PCN can be issued. To avoid being ticketed in London, particularly in Camden and Westminster, bikes need to be parked in an area that is either fenced or has some form of barrier that prevents pedestrians from having casual access.

However, in one of the cases covered in the 1999/2000 ALG annual report the adjudicator said that ‘pavement lights, draymen’s doors etc. may be within or without the building line; each case turns on its own facts.

The adjudicator found that the motorcycle was within the building and did not form part of the footway. The appeal was allowed and the ticket cancelled. Thus confusing signals are being sent by the adjudication service.

The London Parking and Traffic Appeals Service's Chief Adjudicator, Martin Wood, says: "There seems to be a common misconception that pavement lights are not part of the footway. This misconception seems to be the root of much of the problem. People should not assume that pavement lights are not part of the public footway and that therefore they can park on them.

Where the footway begins and ends is a matter of highway and road law, not parking law. As we have said, each case depends on its own facts. The only safe course is not to park on a given area unless it is quite clear that it is not part of the footway. I would be wary of parking anywhere that the public, using the footway, were not physically prevented from walking over, by a barrier of some kind such as a wall or fence.

Of course, there are areas that are not physically separated that are not footway, but I would want to be absolutely clear about the position before parking in an 'open' area. Take the recent 'White' case for example.

The judgment, which runs to nine pages, devotes a good deal of space exploring what may be deemed public highway. The point is made that a public right-of-way may be over private property as is the case with footpaths. In the conclusion it says: “There is no doubt that the Appellant had a bona fide belief that he was lawfully parked; and the reasons why this was not the case are, perhaps, far from obvious to the ordinary motorist.”

The appellant submitted a photograph, showing how his scooter was parked beside a commercial waste bin. Interestingly, although the scooter was ticketed, no action is taken against the owner of the waste bin that obstructs the public right-of-way to a far greater extent.

Quite how motorcylclists are supposed to know those private forecourts that will be ticketed and those that will not has yet to be explained. However, some of them appear to have found a resolution to the problem themselves - they cover up their number plate and remove their tax disc so that tickets cannot be issued. (PAs are not allowed to touch a vehicle beyond fixing a PCN to it.) Some motorcyclists have gone one step further and removed their number plate altogether.

Toad strikes back

In a report on the subject that appeared in the Economist in May 2001 entitled ‘Toad strikes back’ Westminster’s head of parking, Alan Clark, said that ‘counter-measures are in the pipeline.’ But councils’ ability to introduce ‘counter-measures is questionable.’

Motorcycles may be smaller than cars but they are more difficult to lift. If a motorcycle was damaged in the process the owner would be entitled to claim compensation from the council concerned. A further complication is that they may also be secured to railings, or a column, by means of a security chain. Although the adjudicator may have ruled that motorcycles may be ticketed on certain private forecourts councils only have authority to remove vehicles from the public highway - which forecourts are not.

Regardless of whether councils find a way to thwart motorcyclists a word of caution is in order. Don’t leave your motorcycle outside any of the Royal palaces - the police have blown up at least one, so left, on the grounds that it was suspected of being a terrorist’s vehicle! Care should also be take to ensure that pedestrians cannot injure themselves otherwise the owner of an offending vehicle might find himself the subject of a private prosecution.

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