Courts of Summary Jurisdiction
| Date | 01 April 1966 |
| DOI | 10.1177/002201836603000201 |
| Published date | 01 April 1966 |
| Subject Matter | Article |
The
Journal
of
Criminal Law
VOL.
XXX. No. 2
APRIL-JUNE
1966
Courts
of
Summary Jurisdiction
DAMAGED OR ABSENT PARKING METERS
THE following is based on
the
Parking Places (St. Maryle-
bone and Westminster) Order, 1965,
but
similar orders are
in force elsewhere.
From time to time amotorist who pulls into his habitual
metered parking bay is surprised to find
that
the
meter is
either damaged or missing. He may well be unsure whether
he can properly leave his car there or not, and even if he is
conscientious enough to buy and read the relevant statutory
provisions, he will probably feel no clearer about his rights.
First of all, if the meter has been removed or damaged by
some unauthorised person,
the
bay is still effective, as it can be
suspended only by a person duly authorised by the Commis-
sioner of Police for
the
Metropolis.
The
motorist must pre-
sumably pay
the
meter, which may be impossible, or bring
himself within
the
scope of one of
the
special headings of
Article
24
or
26,
e.g. waiting up to
20
minutes for
the
purpose
of loading or unloading.
If
the
parking bay has been properly suspended
under
Article
22,
e.g. by
the
Council with
the
authority of
the
Commissioner of Police,
then
it can no longer be considered
part
of
the
designated parking place at all,
but
becomes once
again an ordinary part of
the
highway, and no offence against
the
Parking Places Order is committed-Roberts v. Powell,
Q.E.D.
jrd
Feb., 1966.
It
may of course be an unnecessary
obstruction-Construction
&Use Regulations, 1963, Reg. 90,
particularly if the bay has been suspended to allow construc-
tor's
vehicles to have access to
the
adjoining land. On any
suspension of
the
use of a parking bay, the Council may hood
the
meter, or remove the meter temporarily,
and
if they do
the
latter they are under no obligation to notify motorists that
73
CL--I
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