Court of Appeal gives green light to legal challenge

The legal action to overturn Barnet's outrageous CPZ charges is back on track after the Court of Appeal overturned a deputy judge's earlier dismissal of the claim.  According to Lord Justice Richards's ruling, the case warrants "fuller consideration of the factual and legal issues" at a trial to take place later in the year. 

The case has, therefore, taken a vital and big step forwards.  Barnet Council now know that their actions will be scrutinised in Court after all.  Are they confident of success?  Well, documents disclosed last year under the Freedom of Information Act suggest that Barnet considered it "likely" that they would lose the case.  Yet they chose to fight it, exposing David Attfield to enormous financial risk were he to lose. 

Followers of this blog will know that 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 case has far reaching consequences for all car drivers and residents who live in Controlled Parking Zones.  As Martin Westgate QC (who is representing David Attfield) states, the case “raises 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 of traffic management projects.  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". 

With costs of the legal challenge escalating, we urge Barnet to let common sense prevail and recognise that the CPZ charges are unfair and damaging to communities.  How can Barnet justify charging £4.17 for a friend to drop by when Haringey charges as little as 30p? 

We never wanted to have to pursue a legal action against our Council.  We just wanted a fair outcome but our concerns were treated with contempt.  Litigation to us is a last resort.   So, once again, we take this opportunity to invite Barnet Council to meet with us.  Let us see if we can put this whole sorry saga behind us.

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Coleman factor spoils Boris's Golders Green walkabout

One of our supporters has provided the following account of an election walkabout by Boris Johnson in Golders Green.  Inevitably, the Mayor had to field complaints about parking.  The visit has also proved controversial because of an allegation that Brian Coleman mis-used his Barnet Council free parking permit in order to avoid  parking charges on Golders Green Road.
  
"Coleman factor spoils Boris's Golders Green walkabout
Shopkeepers in Golders Green complained forcefully about Brian Coleman's parking fiasco when Mayoral Candidate Boris Johnson visited on Sunday.

Boris's walkabout in Golders Green Road made slow progress with traders coming out of their shops to challenge him to disown Cllr Coleman's parking policy, which they say is killing local shops.

 
Warren Gold, owner of Gold's Menswear, said three or four of his customers were getting penalty tickets every day because the pay by phone system was not understood.  He pointed out ten empty shop units to Mr Johnson.

As two more shopkeepers approached Mr Johnson he put his hands up and said: "Don't tell me - parking? "Traders are angry at the increase from £300 to £525 for a business parking permit and the removal of coin parking meters for shoppers parking. 

The Mayor said he would hold  a review of non-residential parking on TfL roads. But this is only 5 per cent of London's roads, and he ignored questions about residents' parking permits in Barnet which have gone up from £40 to £105."
The visit has also proved controversial because of an allegation that Brian Coleman mis-used his Barnet Council free parking permit in order to avoid  parking charges on Golders Green Road
http://www.times-series.co.uk/news/9653256.Senior_Tory_investigated_over_claims_he_dodged_parking_fees_he_introduced/?ref=mr

Our supporter who was there on the day had in fact already alerted us to the use by Councillor Coleman of his Barnet parking permit on this visit.  We asked for Councillor Coleman's response three days ago.  Sadly, our request for clarification has been ignored. 

So what is Brian Coleman's explanation?  Well, he has said to the local press that he was in the area visiting constituents under his role as a councillor.  However, Councillor Coleman represents Totteridge but was parked on Golders Green Road.  Video footage of Boris Johnson's visit also shows him being accompanied by Brian Coleman.  We keep an open mind but think further explanation is required. 

We understand that an investigation into this claim is underway, so hopefully the facts will soon be established. 

You can read more about Boris's Golders Green walkabout on the Barnet Bugle website.
http://www.barnetbugle.com/ 

Hersh Gorman, who runs the Jerusalem the Golden religious artifacts shop, said:

"Brian Coleman is bad for business, he should be taken in chains to Siberia.  Come here on a weekday and the shops are empty."

Mr Gorman told Boris Johnson: "Mr Coleman is trying to raise as much money as possible in revenue at the expense of shopkeepers.  I thought it was about congestion, not revenue."

Perhaps unwisely, the London Mayor replied: "You're totally right, it's being used as a tax - yes, it's a tax."