Parking policy 'could be illegal'

The validity of the proposed on-street parking charges for 16 town centre roads is under the microscope after a similar scheme in Barnet, north London, resulted in a High Court defeat.
In the landmark ruling last month, Justice Beverley Lang stated that Barnet breached the law by increasing the cost of controlled parking zone permits in order to raise revenue.
Yesterday (Wednesday) a spokesman for motorists’ campaign group the AA pointed to West Berkshire Council’s consultation in which a council officer agrees with the assertion that the scheme is “a positive way of generating additional revenue.”
Head of roads policy at the AA, Paul Watters, said: “It is very controversial on a number of counts. Ideally the council should wait for some steer from the Department for Transport as the consultation clearly stated it would generate revenue to support road safety programmes...that does touch on the Barnet issue.”
In addition, an email sent to residents by the council’s strategic support unit stated: "Charging to park on-street helps us to achieve our overall savings proposals and raises much needed revenue that will help the council to maintain important front line services. We would effectively be raising income by making best use of available road space."
Director of national motorists’ organisation the RAC Foundation, Stephen Glaister, said: “The law is explicit - parking charges are about managing congestion, not raising revenue.”
When the Newbury Weekly News asked whether the council stood by the officer’s email, council spokeswoman Peta Stoddart-Crompton said that it was “was written prior to the Barnet case and the author was unaware of the implications” and that the wording will be “amended” in the light of the Barnet ruling.
Liberal Democrat leader Jeff Brooks (Thatcham West) warned: “There is a clear and present danger to this council...yet it wants to open Pandora’s Box.
“All it would take is one legal challenge like the one in Barnet that sought to prove that profits have been made over and above the administrative cost of running car parks.”
Miss Stoddart-Crompton said: “West Berkshire Council has reviewed its proposal regarding on street and other charges to ensure that they comply with the decision of the High Court and existing legislation. It is satisfied that procedures and proposed charges are legitimate and a report for a decision will be presented to members in due course.”