Barnet Council to pay out refunds for 'unlawful' CPZ charges after High Court ruling

Times Series: David Attfield led the High Court challenge against Barnet Council's use of money from raising parking charges David Attfield led the High Court challenge against Barnet Council's use of money from raising parking charges

Barnet Council is set to pay out refunds on hundreds of parking permits after a court ruled it acted unlawfully when it increased their cost.

The authority announced yesterday it will not appeal against a High Court ruling that it acted wrongly when it increased the cost of residents’ and visitors parking permits in controlled parking zones to raise revenue.

Council leader Richard Cornelius apologised to residents and confirmed the authority would not pursue an appeal.

He said: “After taking legal advice, we have decided not to appeal against the court`s judgement that the charges for CPZ were increased without going through the proper process.

"I am sorry that this was done in the way that it was. The court has ruled that the increase was wrongly implemented and so we will go back to the old charges. Any change to these will have to go through the proper process.”

Motorists who paid increased rates for their annual permits will be refunded the difference if they fill out a form online or by post.

To fill in a form online, visit www.barnet.gov.uk or email the council via CPZParkingRefunds@barnet.gov.uk.

Postal requests can me made by writing to: Parking Team, CPZ Parking Refunds, London Borough of Barnet, Building 4, North London Business Park, Oakleigh Road South, London N11 1NP.

Comments (17)

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11:07am Sat 3 Aug 13

Don't Call Me Dave says...

There should be no need for residents to have to complete a form to obtain a refund. The council already knows who has paid for parking permits and/or visitor vouchers. The money should be refunded automatically. The only possible reason for not doing so is that they hope some people will not realise they are entitled to a refund, allowing the council to keep hold of the money acquired illegally.
There should be no need for residents to have to complete a form to obtain a refund. The council already knows who has paid for parking permits and/or visitor vouchers. The money should be refunded automatically. The only possible reason for not doing so is that they hope some people will not realise they are entitled to a refund, allowing the council to keep hold of the money acquired illegally. Don't Call Me Dave

12:00pm Sat 3 Aug 13

nlygo says...

of course residents need to complete a form - some may have relocated to new addresses in the borough and some elsewhere

and some may have relocated to an even better place!
of course residents need to complete a form - some may have relocated to new addresses in the borough and some elsewhere and some may have relocated to an even better place! nlygo

12:49pm Sat 3 Aug 13

Don't Call Me Dave says...

What nonsense! If residents have moved home, the council will know this also because permits will have been returned for cancellation. This is all about the council trying their best not to have to refund residents for money taken from them unlawfully.
What nonsense! If residents have moved home, the council will know this also because permits will have been returned for cancellation. This is all about the council trying their best not to have to refund residents for money taken from them unlawfully. Don't Call Me Dave

12:53pm Sat 3 Aug 13

BarnetTrader says...

If residents felt hard done by - how about businesses? Our annual permit fee was put up to £500!

It's just another case of the high streets being hammered by local councils and stealth taxes. I bet Barnet will not be handing back the hike in business permits as they don't have a gun to their head on this one.
If residents felt hard done by - how about businesses? Our annual permit fee was put up to £500! It's just another case of the high streets being hammered by local councils and stealth taxes. I bet Barnet will not be handing back the hike in business permits as they don't have a gun to their head on this one. BarnetTrader

2:47pm Sat 3 Aug 13

unabletogoout says...

A victory for a man who dared to take on Barnet. Well done.

Now perhaps Barnet can address the problem of parking around Copthall Stadium since Sarecens moved in.
A victory for a man who dared to take on Barnet. Well done. Now perhaps Barnet can address the problem of parking around Copthall Stadium since Sarecens moved in. unabletogoout

5:14pm Sat 3 Aug 13

james smyth says...

A hollow victory because the money raised was filling a void caused by central government cuts.
Now there will be more cuts in other departments to counteract the shortfall.
Yes well done for the man that stood up for whats morrally right but the implications are not just for ALL Barnets residents but the whole country.
A hollow victory because the money raised was filling a void caused by central government cuts. Now there will be more cuts in other departments to counteract the shortfall. Yes well done for the man that stood up for whats morrally right but the implications are not just for ALL Barnets residents but the whole country. james smyth

10:45pm Sat 3 Aug 13

Mill-Hill-Boy says...

Well done. Lets all take an example from people like David and stand up. Now the council should refund the money from the Saracens parking tickets and stop this illegal and immoral CPZ when they have games.
Well done. Lets all take an example from people like David and stand up. Now the council should refund the money from the Saracens parking tickets and stop this illegal and immoral CPZ when they have games. Mill-Hill-Boy

8:33am Sun 4 Aug 13

Mr. Datchery says...

There is nothing absolutely wrong with the Saracens parking scheme. We were fed up with not being able to park outside our home on match days because of a lot of idiots wearing fezes taking all the spaces. I brought this to the attention of the council and the following match day they issued 26 parking tickets in our road. It requires a minimum effort to obtain the free, repeat free, parking and visitor permits. The scheme is neither illegal or immoral.
There is nothing absolutely wrong with the Saracens parking scheme. We were fed up with not being able to park outside our home on match days because of a lot of idiots wearing fezes taking all the spaces. I brought this to the attention of the council and the following match day they issued 26 parking tickets in our road. It requires a minimum effort to obtain the free, repeat free, parking and visitor permits. The scheme is neither illegal or immoral. Mr. Datchery

12:22pm Mon 5 Aug 13

iamveryterry says...

Well done David for seeing this through. Im tired of seeing Barnet Council (and Westminsters bizarre congestion charge that does nothing to deal with a congestion problem other than fatten the coffers of Westminster Council being he worst of them) impact on high street businesses in the capital by raising the money for cutbacks by penalising the local motorists is ridiculous in these financially challenging times. Well done Mr Atfield
Well done David for seeing this through. Im tired of seeing Barnet Council (and Westminsters bizarre congestion charge that does nothing to deal with a congestion problem other than fatten the coffers of Westminster Council being he worst of them) impact on high street businesses in the capital by raising the money for cutbacks by penalising the local motorists is ridiculous in these financially challenging times. Well done Mr Atfield iamveryterry

12:22pm Mon 5 Aug 13

iamveryterry says...

Well done David for seeing this through. Im tired of seeing Barnet Council (and Westminsters bizarre congestion charge that does nothing to deal with a congestion problem other than fatten the coffers of Westminster Council being he worst of them) impact on high street businesses in the capital by raising the money for cutbacks by penalising the local motorists is ridiculous in these financially challenging times. Well done Mr Atfield
Well done David for seeing this through. Im tired of seeing Barnet Council (and Westminsters bizarre congestion charge that does nothing to deal with a congestion problem other than fatten the coffers of Westminster Council being he worst of them) impact on high street businesses in the capital by raising the money for cutbacks by penalising the local motorists is ridiculous in these financially challenging times. Well done Mr Atfield iamveryterry

10:31pm Wed 7 Aug 13

Mill-Hill-Boy says...

Mr Datechry, what's the problem with someone parking in your road. There is nothing wrong with that. Every day council depot workers clog my road with their cars and i have no problem with that. We live in London. Besides that, The games happen once In a blue moon. My house is a 35 minute walk from the stadium. The CPZ is pointless and all my neighbours that I spoke to object to it. The tickets get issued to friends and relatives coming to visit my neighbours for no just reason and this is not morally correct. As we objected via surveys and received no response I don't believe the council is following basic legalities.
Mr Datechry, what's the problem with someone parking in your road. There is nothing wrong with that. Every day council depot workers clog my road with their cars and i have no problem with that. We live in London. Besides that, The games happen once In a blue moon. My house is a 35 minute walk from the stadium. The CPZ is pointless and all my neighbours that I spoke to object to it. The tickets get issued to friends and relatives coming to visit my neighbours for no just reason and this is not morally correct. As we objected via surveys and received no response I don't believe the council is following basic legalities. Mill-Hill-Boy

7:42am Thu 8 Aug 13

Mr. Datchery says...

Mill-Hill-Boy wrote:
Mr Datechry, what's the problem with someone parking in your road. There is nothing wrong with that. Every day council depot workers clog my road with their cars and i have no problem with that. We live in London. Besides that, The games happen once In a blue moon. My house is a 35 minute walk from the stadium. The CPZ is pointless and all my neighbours that I spoke to object to it. The tickets get issued to friends and relatives coming to visit my neighbours for no just reason and this is not morally correct. As we objected via surveys and received no response I don't believe the council is following basic legalities.
Right, for a start 10 home games between now and December does not add up to "Once in a blue moon" in my book or, I suspect, anybody else's. Of course I appreciate that there will be other people parking in my road from time to time but not in every available space at frequent intervals. The reason tickets get issued to visitors etc. in your road, presumably, because the people being visited are too lazy or too dim to apply for the free. I'll repeat it again, free, visitors permits and nothing to do with "morals". If the process wasn't legal it would have been challenged by now. I find it little short of bizarre that you and your neighbours objected to the council doing something that was helpful. Is all this because you got a ticket which you could easily avoided?
[quote][p][bold]Mill-Hill-Boy[/bold] wrote: Mr Datechry, what's the problem with someone parking in your road. There is nothing wrong with that. Every day council depot workers clog my road with their cars and i have no problem with that. We live in London. Besides that, The games happen once In a blue moon. My house is a 35 minute walk from the stadium. The CPZ is pointless and all my neighbours that I spoke to object to it. The tickets get issued to friends and relatives coming to visit my neighbours for no just reason and this is not morally correct. As we objected via surveys and received no response I don't believe the council is following basic legalities.[/p][/quote]Right, for a start 10 home games between now and December does not add up to "Once in a blue moon" in my book or, I suspect, anybody else's. Of course I appreciate that there will be other people parking in my road from time to time but not in every available space at frequent intervals. The reason tickets get issued to visitors etc. in your road, presumably, because the people being visited are too lazy or too dim to apply for the free. I'll repeat it again, free, visitors permits and nothing to do with "morals". If the process wasn't legal it would have been challenged by now. I find it little short of bizarre that you and your neighbours objected to the council doing something that was helpful. Is all this because you got a ticket which you could easily avoided? Mr. Datchery

1:02pm Thu 8 Aug 13

unabletogoout says...

Some of you should try living in a road which is included in the Copthal CPZ but has no signs to indicate that it is. Barnet advised there was a problem in April - said they attended and issued tickets - however no signs, no sign of any parking attendants and therefore tickets that may have been issued but on appeal these would have been ruled as invalid. Nothing is being done about this. It could be ruled that this lack of signs makes the CPZ illegal, not that Barnet would do anything illegal would they? We'll have to wait and see.
Barnet if you wish to increase your income you know what you have to do.
Some of you should try living in a road which is included in the Copthal CPZ but has no signs to indicate that it is. Barnet advised there was a problem in April - said they attended and issued tickets - however no signs, no sign of any parking attendants and therefore tickets that may have been issued but on appeal these would have been ruled as invalid. Nothing is being done about this. It could be ruled that this lack of signs makes the CPZ illegal, not that Barnet would do anything illegal would they? We'll have to wait and see. Barnet if you wish to increase your income you know what you have to do. unabletogoout

8:03pm Thu 8 Aug 13

Happycreditor says...

There is no mention in the online refund application form about interest. In law, if monies are found to have been charged illegally then those overcharged are legally entitled to a refund of the overpayment plus interest on the overpayment. Could I ask through these pages that Barnet clarify their position on this point on their website?
There is no mention in the online refund application form about interest. In law, if monies are found to have been charged illegally then those overcharged are legally entitled to a refund of the overpayment plus interest on the overpayment. Could I ask through these pages that Barnet clarify their position on this point on their website? Happycreditor

11:19pm Thu 8 Aug 13

Mill-Hill-Boy says...

Unqbletogoout agree with your points about signs. There are no signs or parking bays in my road hence the council's deception here. On other roads they don't even display the year of the game. My visitors and my neighbours visitors are not aware of this scheme and I don't have any knowledge of the games and when they happen. Nor do I have time to visit the stadium's website as I am busy with my own businesses and social actives. Mr Datehcery you spend your time on getting your free permits and passes and I will spend time on more important things.
Unqbletogoout agree with your points about signs. There are no signs or parking bays in my road hence the council's deception here. On other roads they don't even display the year of the game. My visitors and my neighbours visitors are not aware of this scheme and I don't have any knowledge of the games and when they happen. Nor do I have time to visit the stadium's website as I am busy with my own businesses and social actives. Mr Datehcery you spend your time on getting your free permits and passes and I will spend time on more important things. Mill-Hill-Boy

7:16am Fri 9 Aug 13

Mr. Datchery says...

Mill-Hill-Boy wrote:
Unqbletogoout agree with your points about signs. There are no signs or parking bays in my road hence the council's deception here. On other roads they don't even display the year of the game. My visitors and my neighbours visitors are not aware of this scheme and I don't have any knowledge of the games and when they happen. Nor do I have time to visit the stadium's website as I am busy with my own businesses and social actives. Mr Datehcery you spend your time on getting your free permits and passes and I will spend time on more important things.
If you have problems with any Council matter find out who your local Councillor(s) is/are and ask them to help, I have never known this approach to fail as Councillors seem to enjoy throwing their weight about....oh I forgot you are so busy with your "own businesses and actives" to do so. You must be if you can't spare the 30 seconds it took me to access the fixture list, you are also too busy to check your spelling it seems. When we have visitors on match days they usually come to the door and then we give them a permit, perhaps visitors in your street turn up, hide until they get a parking ticket and then leave(?)
[quote][p][bold]Mill-Hill-Boy[/bold] wrote: Unqbletogoout agree with your points about signs. There are no signs or parking bays in my road hence the council's deception here. On other roads they don't even display the year of the game. My visitors and my neighbours visitors are not aware of this scheme and I don't have any knowledge of the games and when they happen. Nor do I have time to visit the stadium's website as I am busy with my own businesses and social actives. Mr Datehcery you spend your time on getting your free permits and passes and I will spend time on more important things.[/p][/quote]If you have problems with any Council matter find out who your local Councillor(s) is/are and ask them to help, I have never known this approach to fail as Councillors seem to enjoy throwing their weight about....oh I forgot you are so busy with your "own businesses and actives" to do so. You must be if you can't spare the 30 seconds it took me to access the fixture list, you are also too busy to check your spelling it seems. When we have visitors on match days they usually come to the door and then we give them a permit, perhaps visitors in your street turn up, hide until they get a parking ticket and then leave(?) Mr. Datchery

12:26pm Fri 9 Aug 13

unabletogoout says...

I did contact my local councillors - was told someone would be dealing with it - another local councillor who sits on the relevant committee but to date have never heard another word from that local councillor or even my own to check that everything had been corrected. Could not care less attitude. Remember don't coming knocking at my door at election time.
I did contact my local councillors - was told someone would be dealing with it - another local councillor who sits on the relevant committee but to date have never heard another word from that local councillor or even my own to check that everything had been corrected. Could not care less attitude. Remember don't coming knocking at my door at election time. unabletogoout

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