MOTORCYCLE dealer Phil Rostron says he is prepared to fight "every step of the way" in his battle to display his bikes on the pavement outside his shop.

Blackburn with Darwen Council solicitors are to try to overturn Blackburn Magistrates' decision yesterday to dismiss the case against Mr Rostron after the council's legal representatives failed to attend the courtroom.

The council had accused Mr Rostron of obstructing the highway with a display of motorcycles on the pavement outside Motorcycles Direct on Bolton Road, Blackburn.

Council solicitors are making a written application to have the dismissal overturned, and Mr Rostron could face a further hearing to discuss the council's application.

A new court action against him if he continues putting motorcycles outside the shop has not been ruled out.

Mr Rostron said: "I have won the battle but I haven't won the war. I will fight on because this is my livelihood. "I have no choice but to carry on if this matter goes any further.

"I was initially delighted when the case was dismissed, so the news that the council are trying to keep the case going has taken the wind out of my sails a little bit.

"But I would be interested to see how the council prove their representatives were in the courthouse after the efforts that the clerks and ushers made to find them. My solicitor, barrister and I were there for a good while after the hearing and we didn't see anyone.

"I wouldn't be surprised if the council try to bring another case against me.

"They seem to have it in for traders like me. But I am surprised they still can't do a simple thing like turn up in the courtroom.

"I have had great support from the public and from Blackburn Chamber of Trade and I'm sure that will continue."

A spokeswoman for Blackburn with Darwen Council said: "We are making the application on the basis that the council solicitor was in the courthouse all along and wasn't called into the courtroom.

"If Mr Rostron continues to display goods outside his shop then he will be in breach of the Highways Act.

"In the event of our application failing, I cannot say whether we would bring a fresh case against him at this stage."

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