Saturday, December 16, 2006

Court threat over parking 'tax'

Oxford Mail
By Giles Sheldrick

A group of Oxford residents is preparing to bring a High Court action against Oxfordshire County Council in the hope of ending a controversial paid-for parking scheme.
The Oxford group, which calls itself Residents Against the Parking Tax, is confident it can halt County Hall's policy of forcing people to pay for parking zone permits.
But there is one small snag - they need to find £50,000 to proceed. And the final bill, should the case end up in court, is likely to run into several hundred thousands of pounds.
Founding member Nicholas Fell, of Ash Grove, Headington, started the action after feeling "failed" by Oxford City Council, which, after seeking legal advice, said it could not afford to waste taxpayers' money on a courtroom showdown that would probably fail.
However, Mr Fell is confident businesses and disgruntled residents across the city will stump up the cash. He claimed the county council would use the revenue created by permit charges to keep annual council tax increases down.
He added: "We're going to get a consortium of businesses involved and then start a door-knocking campaign among residents.
"We hope to abolish parking charges in Northway, roll back the parking scheme in Headington and hopefully go from there.
"The city council has failed us, because they should have stood up in court. We want justice - it has to be done, and it has to be seen to be done. So far, I think it's an absolute miscarriage of justice."
He also argued the County Hall consultation exercise - in which 26,000 households were asked their views - was flawed.
Two thirds of the 5,000 respondents said they did not want to pay for annual permits, which will range from £40 for one vehicle to £120 for four.
Paid-for permits will affect homes in 26 zones across the city, starting with a rolling programme next year when zones come up for renewal. Mr Fell has contacted the Birmingham-based John Hughes Law Practice, specialists in this type of litigation.
Assistant solicitor Matthew Barrett said: "We have a steady trickle of people coming to us. Only in rare cases do people have funding for that kind of litigation - it's risky and expensive, but we are happy to give advice.
"Councils are realistic. What they are doing might not be universally popular, and if they have any sense they will dot all the I's and cross the T's. Finding a chink in their armour is difficult, so we have to advise clients of that frequently."
County councillor David Robertson, cabinet member for transport, said: "The policy (of charging for permits) had been determined under the (previous) coalition executive.
Our mind was not made up prior to the consultation."

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