Parking charge scheme hit by legal loophole

3:03am Friday 16th May 2008

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By Nicola Fenwick »

TOWN officials have claimed a partial victory in their battle against the introduction of parking charges.

Stokesley Parish Council, in North Yorkshire, believes it has found a legal loophole which means that Hambleton District Council cannot impose charges on the town's High Street.

Residents and parish councillors in Stokesley have stood firm in opposition since the district council's announced its intention to charge for parking from summer next year in parts of Stokesley, Northallerton, Thirsk and Bedale.

So far, about 15,000 people in the four towns have signed petitions opposing the charges, posters have been put up by residents and businesses, and there have been demonstrations.

But Stokesley has one more thing in its favour - the weight of the law.

Last month, the parish council's solicitor informed the district council it could not charge for parking on land leased to it by the town's Manorial Lands Trust.

The trust looks after the land bequeathed to Stokesley residents for free parking. Currently, the district council polices two-hour disc parking along Stokesley High Street under the terms of its 99-year lease.

To introduce charging, the district needs permission from the trustees to alter its lease - but the parish councillors are the trustees and have said that permission will never be granted.

The district authority has now responded to the parish council's letter, accepting it cannot charge for the 170 spaces along the High Street without permission.

Aly Thompson, spokeswoman for the district council, said: "We obviously cannot charge on that land without their permission, so we have written to the Manorial Lands Trust asking to meet them and we are waiting for a response from them at the moment."

But Jackie Wheeler, clerk to the parish council, said members had agreed they would not respond to the request as the matter was, in its view, concluded.

"We are not going to speak to Hambleton or reply to their letter. We have told them what our position is," she said.

The district council says the Government's decision to cap the authority in 2005 has made the charges necessary to plug an annual £450,000 shortfall in its budget. It estimates that charging for parking in Stokesley would generate £65,000 of the £450,000.

Parking in Stokesley would cost 20p an hour and £1 a day. In Northallerton and Thirsk, the cost would be 40p an hour and £1.50 a day. In Bedale, the charge would be 50p a day.