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# City Tories question legality of parking charge hikes
- URL: https://www.scenemag.co.uk/city-tories-question-legality-of-parking-charge-hikes/
- Published: 2015-01-24T15:02:48.000Z
- Updated: 2015-01-25T12:13:50.000Z
- Description: Conservative counsellors in Brighton and Hove are querying whether proposed hikes in parking charges of up to 100% are legal in the wake of a recent High Court judgement against Barnet London Borough Council.
- Author: Paul Gustafson
- Tags: News, Politics, Cllr Geoffrey Theobald, Cllr Graham Cox

## Conservative counsellors in Brighton and Hove are querying whether proposed hikes in parking charges of up to 100% are legal in the wake of a recent High Court judgement against Barnet London Borough Council.

![Cllr Graham Cox](https://www.scenemag.co.uk/content/images/wp-content/uploads/2015/01/web-600-228.jpg)

Cllr Graham Cox: Conservative Group Transport Spokesman

**BUDGET PAPERS presented** to the Council’s Policy & Resources Committee last month reveal that the Administration is seeking to raise £571k in extra revenue as a result of a *“review of pay and display and permit tariffs”*.

However, in 2013, a High Court Judge ruled that Barnet Council did not have the power under the 1984 Road Traffic Regulation Act *“to charge local residents for parking in order to raise surplus revenue for other transport purposes” and added that it was not allowed “to budget for a surplus at any level which it considered appropriate in order to generate income for other transport purposes which it wished to fund.”*

**Conservative Group Transport Spokesman, Cllr. Graham Cox, said:** *“It is quite clear from the case law that it is unlawful for councils to set charges for the ‘express purpose of creating a surplus’ yet that is exactly what this Council is proposing through its latest price hikes. Interestingly, Barnet proposed raising the cost of their resident permits to £100, a level that the judge considered unlawful yet our residents are being expected to fork out £166 if they pay quarterly.”*

![Cllr Geoffrey Theobald](https://www.scenemag.co.uk/content/images/wp-content/uploads/2015/01/web-20034.jpg)

Cllr Geoffrey Theobald

**Group Leader, Cllr. Geoffrey Theobald, further added:** *“It is quite obvious to me that they are using charges and permits to help fill their Budget black hole and that is not allowed. Brighton & Hove has gained the unenviable reputation as a ‘rip-off city’ when it comes to parking charges and that is extremely damaging to local businesses. I would urge the Council in the strongest possible terms to think again.”*

The Tories’ challenge comes amid news that the council has decided to defer the decision on proposed increases until next month.