Traffic regulation order for residents parking scheme

[andymars1982]

Hi,

 

My local council has started to charge £25 per parking permit as the road I live on is part of a residents parking permit scheme. Up until now the permits were free, the scheme was set up to allow residents to be able to park outside there homes as employees from a local bank were taking up many spaces.

The council voted at cabinet to charge residents who were already part of a parking scheme in order to make some money and cover costs of administering the scheme. There was no consultation on this and the first residents knew about the charges was at the start of December when the council set letters asking for payment to issue the 2013 passes.

Does anybody know if the council were legally obliged to issue a road traffic regulation order (TRO) before they made a change (i.e. starting to charge residents) to the existing parking scheme?

[Michael Browne]

There would almost certainly have been a public notice in the local paper detailing the proposed charges prior to it coming into effect.

 

They are not obliged to consult individual residents.

[andymars1982]

Hi Michael,

 

I am fairly sure that no notice was put in the paper. The council said they did not have to do ANY consultation as the residents were part of an existing parking permit scheme and a TRO and consultation is only required to set up a new parking scheme. I would like to find out if this is true and also legal.

[green_and_mean]

I do not think a consultation is required if the scheme is already in place only a public notice.

[andymars1982]

green & mean. Thankyou for your reply.

 

Is this in any legislation?

[Michael Browne]

Which council?

[andymars1982]

Calderdale

[Michael Browne]

Can't find anything either on the Traffic Penalty Tribunal on-line register of TRO's or the London Gazette in the last six months.

 

The obvious thing would be to ask the council for a copy of the public notice.

[green_and_mean]

green & mean. Thankyou for your reply.

 

Is this in any legislation?

 

Road Traffic Regulation Act 1984 covers it but its a bit complex along with http://www.legislation.gov.uk/uksi/1996/2489/contents/made

[andymars1982]

Ok thanks guys, I will ask the question to the council and will look at the 1984 act.

[green_and_mean]

What you need is the original TRO the Council can decide to vary parking charges (usually this means an increase in the charge). Once the decision has been taken by the Council, there is no need to go through a process of amending the relevant traffic order. Instead, the Road Traffic Regulation Act 1984 allows a local authority to bring such changes into force by simply issuing a notice of variation. This notice must be given at least 3 weeks before the changes are due to have effect.

The relevant parts of the Act are Section 35C (for off-street car parks) and Section 46A (for on-street parking bays).

http://www.legislation.gov.uk/uksi/1996/2489/regulation/25/made

[andymars1982]

Thanks green and mean.

 

I have read section 25C ; -A notice of variation shall be given by publishing it at least once in a newspaper circulating in the area in which the parking places to which the notice relates are situated at least 21 days before it is due to come into force.

I take it a letter 3 weeks before the paid permits come into force is not a notice of variation? I will double check that there was nothing in the paper.