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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Akumah v London Borough Of Hackney  EWCA Civ 582 (17 April 2002)
Cite as:  EWCA Civ 582
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM SHOREDITCH COUNTY COURT
(His Honour Judge Cotran)
Wednesday 17th April, 2002
B e f o r e :
MR JUSTICE MOSES
|- v -|
|LONDON BOROUGH OF HACKNEY|
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
London N16 0LH) appeared on behalf of the Appellant
MR S KADRI QC and MR E PIPI (Instructed by Messrs Clifford Watts Compton, 160 Holloway Road,
London N7 8DD) appeared on behalf of the Respondent
Crown Copyright ©
"You are liable to be issued with a penalty charge notice if you:-
• indicate false arrival information
• do not display a valid voucher when parking
• park beyond the time allowed
• alter the entry on the voucher."
1. When you park display with the Visitors Voucher clearly in the window WITH THE CURRENT VOUCHER COMPLETED IN INK.
2. You must fill in the date, time of parking and registration number clearly.
3. ANY ATTEMPT TO ALTER ANY OF THE DETAILS ON ANY PARKING VOUCHER WILL RENDER THE PERMIT INVALID."
"The finding that there was an alteration of the details on it, with the greatest respect, by a visual look at an indentation - certainly in respect of the third one - is not a finding that I can accept in the face of the clear position taken by Mr Akumah from the beginning that it is untrue that it was filled in, in pencil or the evidence that it was filled in by a guest."
"(1) A local housing authority may make byelaws for the management, use and regulation of their houses.
(2) A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway."
"(1) The powers of the Council, a borough council and the Common Council of the City of London under section 23(1) of the Housing Act 1985 to make byelaws for the management, use and regulation of houses provided by them shall extend so as to enable them to make byelaws prohibiting or regulating the parking or use of vehicles on any land held by them for the purposes of Part II of that Act, not being a highway.
(2) Where the Council, a borough council or the Common Council of the City of London have reasonable cause to believe that an offence against byelaws made under section 23(1) of the Housing Act 1985 has been committed in respect of the parking of a vehicle the provisions of section 17 (Duty to give information in certain cases) of the Act of 1972 shall apply to such parking as they apply under that section to the use of a vehicle notwithstanding that the said parking may be outside the area of the local authority."
"21(1) The general management, regulation and control of a local housing authority's houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority."
"Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions."