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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I live on a Council Estate which has NOT charged our Cars

Resolved Question:

I live on a Council Estate which has NOT charged for Parking our Cars for at least 15 years
but suddenly they are now introducing a Parking fee of over £100 per year is this legal
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Did they charge for parking before? How many people are in the situation of having to pay for parking?

Customer: replied 11 months ago.
NO it has always been Free.
Approx 600
Expert:  F E Smith replied 11 months ago.

If the local authority have unilaterally decided to illogically start charging (a revenue raising exercise?) for parking on this estate, there are at least 2 things you can do.

You can apply to court for judicial review of the decision to implement the charge for parking on the basis that the decision is illegal, or irrational or that they have not covered some kind of procedure which they are required to do. Successful application for judicial review will not change the council’s decision necessarily, but it will make it revisit the way in which the decision was reached. Ultimately, the end decision may be the same. If 600 residents all put £20 into a fund with solicitors, that would be a large amount of money to pay for the application for judicial review. However, someone needs to manage that and take control of instructing the solicitor and anyone doesn’t want to pay the £20, will still get the benefit of any court proceedings which are successful without having the burden of payment or costs risk if judicial review is not granted.

You may not want to risk that money unless you can get a lot of people to join in the action with you.

The other way of dealing with this which fortunately doesn’t involve money is to make a written and formal complaint to the Local Government Ombudsman. The service is free although it’s not particularly quick. The local authority are bound by the decision of the ombudsman.

Can I clarify anything for you?

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Best wishes

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
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