District Councillor Henry Hobhouse Responds to Nick Colbert's Letter

Dear Editor,

You recently published as an article a round-robin email from Councillor Nick Colbert and although I would not normally intervene in this way, I am concerned that you may consider what he has written without having regard to the facts of the situation.

In February 2007, South Somerset District Council passed a district-wide Car Parking Strategy that went out to full public consultation. This strategy stated that the council would institute charges in district council-owned car parks in Castle Cary and Wincanton in 2009. The decision was subsequently taken to delay implementation because it was believed that the county council was about to introduce on street parking controls and it made sense to implement any changes at the same time. However that did not happen. The county council has now sought approval from the Secretary of State to bring in those controls this year across Somerset.

At the last district council elections in May 2011 in both Castle Cary, which I represent, and in Wincanton, car parking was one of the main contested issues and I pledged that I would seek to ensure that Castle Cary Town Council be given the opportunity to decide whether the car parks in the town should remain free or be charged for in accordance with the Strategy.

This opportunity has now been taken up by the combined councils of Ansford and Castle Cary by offering to pay the district council in order to retain free car parking. In the past, Somerton Town Council was given a similar opportunity and decided to pay a capital sum to ensure their car parks remained free in perpetuity.

The accusation made by Councillor Colbert is that Wincanton has been 'bullied' into agreeing a similar deal to Castle Cary. That is not the case.

Since 2007 the people parking in the pay and display car parks across the rest of the district have been subsidising the running costs and the business rates payable on the car parks in both these two communities and that was clearly inequitable.

Discussions over a number of weeks between our officers, district councillors and officers of Wincanton Town Council has culminated in them asking us for the opportunity to buy out the car park charges in order to maintain free parking in the same way as Castle Cary.

The legal point raised in the open letter to Tim Carroll and myself doubts the legal position taken by all councils with off-street parking. The case referred to is dealing with on street parking. I enclose two summaries, as follows:

From the British Car Parking Association:

"When introducing on street parking schemes and setting parking charges, authorities must have regard for the purpose of the powers incorporated in the 1984 Act. Justice McCullough has ruled [R v Camden London Borough Council; ex parte Cran and Others (1995) (RTR 346], that the 1984 Act "is not a fiscal measure. It contains no provision which suggests that Parliament intended to authorise a council to raise income by using its powers to designate parking places on the highway and to charge for their use." However, he went on to conclude that if, as a result of setting enforcement or parking charges designed to meet the objectives of the scheme, income exceeded that required simply to cover expenditure, then that is not wrong. This did not, however, apply to permits issued to (author's addition) residents or businesses within the area."

The second summary is from Hansard, 7 December 2011, written answers:

"More broadly, as outlined in the answer to the Hon. Member of 28 November 2011, Official report, column 650W, there are clear legal restrictions preventing councils from using on-street parking charges as a way of raising general revenue. This is explicitly stated in operational guidance and in statutory guidance on civil enforcement of parking contraventions, and is reflected in case law ; for example, Regina v Camden London Borough Council Ex Parte Cran and Others [1995] EWHC 13 (Admin)."

The land that the car parks stand on is not part of the road network and is no different from other privately owned car parks or other facilities supplied by the district council, eg swimming pools. There is no requirement for the district council to supply these services and there is no restriction on the charges that can be levied. There is only a restriction on the enforcement of the charges in car parks that we adhere to.

I hope that this letter helps to deal with any questions or misunderstandings that might arise from Councillor Colbert's email, but if you or your readers have any queries please do not hesitate to contact me; e-mail:

Regards,

Henry Hobhouse
Portfolio Holder for Property & Climate Change, South Somerset District Council

Comments

Nick Colbert
Posts: 1

Cllr Hobhouse - One of the Lib/dems behind the car park tax
Reply #1 on : Sat March 10, 2012, 20:51:22

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Firstly I would like to reprint from the Wincanton Window part of the Liberal democrat candidate, Jane Locks article titled

"WHAT CAR PARKING CHARGES?"

which is still available on this website if anyone wish's to scroll back far enough. In it she states:

"In another bout of lack of imagination the dynamic duo of Tory candidates are repeating their mantra of the last District Council elections - namely that the Lib Dem led South Somerset District Council is "possibly" going to introduce parking charges in Wincanton.

It wasn't true in 2007 and it isn't true in 2011, but for me the really sad thing is they know it isn't. Why is it that if they care, as they say they do, about Wincanton and its future are they insisting on circulating damaging false rumours?

I can give you my word that parking charges will not be forced on Wincanton if I am elected to South Somerset District Council. This is a very easy commitment for me simply because there never has been any plan to do so."

Hollow words that now come back to haunt the Liberal Democrats. Councillor Hobhouse was making similar claims in Castle Cary at election time.
Councillor Hobhouse goes onto state:

"The accusation made by Councillor Colbert is that Wincanton has been 'bullied' into agreeing a similar deal to Castle Cary. That is not the case."

Below is a quote from the draft Wincanton Town Council minutes:

‘Councillors commented on the lack of consultation, validity of figures submitted and overall disgust in the way SSDC are blackmailing the Town Council. Council voted that the clerk write to SSDC to express the above. Council voted to oppose any car parking charges and will do all it can to prevent them.’

As you can see the word "blackmailed" is a direct quote from the Town Council so I trust everyone can see who is trying to mislead.

The legal point I have covered a number of times, Councillor Hobhouse chooses not to listen. The case law in question regards an off street parking case concerning a Mr Ali, the case I was quoting from, which Councilor Hobhouse knows if he has read the email to Vega Sturgess he was copied in on was a case involving Mr Ali and was in a council owned off-street car park, I copy the relevant part of that email below:


"The case I was quoting was off street, in a council owned car park and it is the principal of the case law that is relevant.

I was told at the meeting of Wincanton town council tonight that you told councillors earlier today that I was quoting an on street case so it was wrong, I was not.

I attach the off street case I was quoting, in a council car park, which clearly uses the Cran v Camden case law principle of the Road Traffic Regulation Act 1984 stating:

"[It] is not a revenue raising Act. Where there is ambiguity the citizen is not to be taxed unless the language of the legislation clearly imposes the obligation."

I repeat this was used in an off street parking judgement, the most relevant pages are 6 & 7 in the link below.

http://keycases.parkingandtrafficappeals.gov.uk/docs/ali-v-bexley.pdf

It seems to me a case of Councillor Hobhouse hearing the answers he wants to hear and trying to pretend he is not responsible for the car parking tax - as a portfolio holder for the car parks in the Liberal democrat regime he is directly responsible for them and the threats of pay and display machines being introduced if the "car park compensation tax" was not paid by the town councils to the District Council.

You can run but you can not hide.

Last Edit: March 10, 2012, 20:56:40 by Nick Colbert  

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