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RE: Highways act

Posted by : James - Edinburgh- (90.218.115.252) Inappropriate or SPAM?
On Monday 23/07/12 at 06:52:48

I have the impression that you are in London, in which case the Greater London Council (General Powers) Act 1974 takes precedence. In either case I believe there is an argument that a bike is either legally parked or it not and how it came to be parked is not relevant to that fact.

The other factor that may be relevant is that a pavement is normally classed as a road by legal definition eg the centre of Trafalgar Square is classed as road In DPP v Sadku [2000] RTR 163 (a case which decided that the centre of Trafalgar Square was a "road") the Court said "The cases show that a road may be a pavement, a car park, a forecourt and so on-in other words, things which would not commonly be called roads". Link here which has some other information that may be relevant including the reasoning behind my statement in the first paragraph.



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