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Davies v Heatley: QBD 1971

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References: [1971] RTR 145, [1971] Crim LR 244
Ratio: The defendant appealed, by case stated, against his conviction of failing to stay to the left of a continuous white line. An intermittent white line had been placed between the two continuous white lines. The magistrates convicted saying that the meaning had been clear.
Held: The road marking was not a sign prescribed by regulation, and the conviction was quashed. Unless the marking complies with the regulations it is not an offence to disobey it.
This case cites:

  • Applied – Power v Davidson ((1964) 62 LGR 320)
    The appellant appealed his conviction for parking between a line of parking studs and a crossing. The studs were on a street running across the street where the crossing was set out and at right angles to the actual crossing.
    Held: The . .
  • Applied – James v Cavey QBD ([1967] 2 QB 676, [1967] 2 WLR 1239, [1967] 1 All ER 1048)
    The council introduced regulations restricting parking at a site on alternate weeks between certain hours. The ‘no parking’ signes were covered over with an unrestricted parking sign when parking was permitted. The defendant parked and left his car . .

(This list may be incomplete)
This case is cited by:

  • Applied – Moss, Regina (on The Application of) v KPMG Llp Admn (Bailii, [2010] EWHC 2923 (Admin))
    The claimant objected to accounts drawn by the defendant auditors for Bolton Council, saying that they had wrongfully included sums from parking fines which had (he said) been unlawfully claimed by the Council. He contended that because parking . .
  • Not Followed – Herron and Another., Regina (on The Application of) v The Parking Adjudicator CA (Bailii, [2011] EWCA Civ 905)
    The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double . .

(This list may be incomplete)

Last Update: 23 February 2017
Ref: 251456

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