Since my last post (Eric Pickles vs. Leeds City Council vs. My community) on Leeds City Council’s disingenuous proposals to charge residents to pay to park outside their own homes, Leeds City Council have confirmed to me that any charges “would be introduced in accordance with the Road Traffic Regulation Act 1984 Section 46”. It was Barnet Council’s attempt to raise charges under this act that was declared illegal by the High Court because “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”.
So it would seem clear that Leeds City Council’s proposals to raise income by charging residents considerably more for a service than the service actually costs are on the rocks. However, it is worrying that LCC were considering the implication of the Barnet ruling before July 29th and they still haven’t dropped their plans. There might be a delay before the Executive Board can formally make a decision later in the year, or perhaps LCC are going to emulate Barnet Council who continued with the scheme even after they knew they were going to lose the court case? As described on the Barnet CPZ website, Barnet Council “wasted over £100,000 in legal costs, carried on claiming unlawful parking charges for nearly two years knowing it would have to refund residents, and put campaign member David Attfield under huge stress while he fought them in court.”