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‘Wheels off floor, so I won’t pay fine’
Biker loses appeal against £6,000 of parking tickets, insisting loophole in law puts him in clear
A BIKER barrister whose bid to have a test case heard at the House of Lords was thrown out last week says he expects to avoid paying up for more than 100 outstanding parking tickets.
Clive Wolman, of Duncan Terrace, racked up more than £6,000 in parking penalties when he left his motorbike on the pavement outside his office and his home.
He had argued, first at the City of London County Court and then at the Court of Appeal, that his £3,000 Susuki motorcycle was not breaking the law because both wheels were suspended when it was parked on its stand. He claimed no offence is committed unless one or more wheels are touching the pavement.
Mr Wolman, a barrister in Stone Buildings, Lincoln’s Inn, took to locking his motorcycle against railings after four of his bikes were stolen.
On learning the House of Lords had thrown out his bid to appeal last week, Mr Wolman played down the legal bill he was facing, claiming it was less than the estimated £50,000.
He said: “I’m disappointed, but the legal battle is far from over. The fact that I didn’t win doesn’t mean that I’m liable to pay for the costs or the tickets. I’m not expecting to pay them.
“The starting point was when I’d had four motorcycles stolen from within the borough and from just outside my house.
“The police refused to do any forensics because they said this council’s priority was not to pursue vehicle theft. I was advised that the only way I could secure it was to lock it to the railings outside.
“The wardens are entitled to ticket things that are on the surface of the pavement – but only the stand was on the pavement. This has gone on for three years. It’s quite an interesting point of law and it was quite fun arguing, but it would have been more fun if I’d won.”
Islington Council is confident it will recoup a “substantial amount” of costs from the barrister.
Environment chief Councillor Lucy Watt said: “We are pleased the House of Lords has thrown out this appeal. Mr Wolman’s claims made no sense.
“Regardless of whether the wheels were touching the ground, his bike was illegally parked on the pavement.” |
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