Judicial review action over increases to controlled parking zone charges to go ahead

Campaigners against increased controlled parking zone charges put forward by Barnet Council have been given permission to bring judicial review proceedings.

In February this year a local resident, solicitor David Attfield, was refused permission to apply for judicial review by Deputy High Court Judge Robin Purchas QC. 

However, Lord Justice Richards in the Court of Appeal has now granted permission for a hearing later this year.

Attfield argues that the council’s decision was ultra vires the provisions of the Road Traffic Regulation Act 1984. He also believes that the increase was of such a level as to render the decision irrational.

Welcoming Lord Justice Richards’ ruling, campaign group Barnet CPZ Action said in a statement on its website: “The case centres on the lawfulness of a council raising parking charges for a minority of residents with the express intention of subsidising transport services across the borough. Barnet is unique amongst councils in arguing that this is lawful. In other cases where parking charges have been looked at (Camden and Westminster), the councils justified their charges by the need to control parking demand.

“Barnet do not attempt to argue that demand for parking necessitates higher charges. According to the former Leader of Barnet Council, ‘the increased charges are necessary in order to ensure sufficient investment in the council’s road network in the context of the council’s overall financial position’.”

The group claimed that the case would have far reaching consequences for all car drivers and residents who live in controlled parking zones. 

It quoted Martin Westgate QC, the barrister representing Attfield, as saying the case raised a substantial point of public importance.

“If the decision [of Barnet] is right then it gives to local authorities a wide power to raise funds from parking charges in order to fund a variety traffic management projects,” Westgate said.

“These may involve major expenditure that ordinarily would be met out of the general fund and so would be funded by council tax among other sources. The......decision empowers the authority to shift these costs onto a small group of residents."

Barnet CPZ Action insisted that litigation had been a last resort and urged the council to meet with it to discuss their concerns.

A spokeswoman for Barnet said: "We understand the court has granted Mr Attfield permission to appeal. However we are still awaiting papers from the court and are unable to comment any further."