Council acted “unlawfully” in raising parking fees

24th Jul 2013

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130724_Barnet-CPZ_224Barnet Council acted unlawfully in raising residents’ parking fees to generate a surplus of funds for road maintenance and other transport expenditure, the High Court has ruled.

Mrs Justice Lang accepted a submission from East Finchley resident David Attfield (pictured) that charges for parking permits and visitor vouchers in Controlled Parking Zones were increased beyond the level needed to operate the parking scheme.

Cost of a residents’ permit for a first car in Barnet was £20 in 2001 and visitor vouchers were 35p each. Charges increased five years later and in 2011 the cost of a permit for a first car went up from £40 to £100. A visitor voucher went up from £1 to £4.

Surplus income generated by parking charges in the borough stood at £5.7M in 2011/12. Money was used for transport expenditure such as highways investment and concessionary fares.

The judge concluded: “I accept the Claimant’s submission that the 1984 Road Traffic Regulation Act is not a fiscal measure and does not authorise the authority to use its powers to charge local residents for parking in order to raise surplus revenue for other transport purposes.”

Barnet Council said it will appeal against the decision.

RAC Foundation director Professor Stephen Glaister said: “This is fantastic news for drivers. The law is explicit – parking charges are about managing congestion, not raising revenue.”

(Photo: Apollo Public Relations/PA Wire)

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