Westminster go-ahead for controversial M/C Parking Tax that is set to hit all UK riders – but it also opens doors for serious legal challenges…
Posted: 14th January 2010 | 7 Comments »
So, Westminster City Council (WCC) have finally decided to go-ahead with plans to make their ‘experimental’ and unprecedented pay-by-phone M/C parking tax a permanent measure. The decision by Cllr Danny Chalkley (right) to authorise new Traffic Orders to do this – as recommended by officers led by ‘this is not a revenue stream’ Alistair Gilchrist (left), will take effect on 25th January. 
Of course this is potentially very bad news for all UK riders as it could trigger a nationwide roll-out of new bike parking charges. If such charges do go nationwide it could cost the motorcycling community a staggering £93,000,000 per year, according to the Tax Payers Alliance who support objectors to what they see as a tax in all but name. But there is some good news. The leading opponents of the move NTBPT say that the WCC decision also opens doors for legal challenges on a number of fronts.
So, although WCC may regard the matter as closed by their decision, this is not the case as far as I am concerned and i am delighted to report that I am far from being alone in that view. And as I’ve reported a few days ago, some scallywags in our midst have been so angered by what they see as a totally unfair and unjustifiable scheme, that they have gone to the extremes of taking the law into their own hands. Within two days of me and other biker bloggers breaking news about this move, many signs explaining how the scheme works at M/C parking bays had been defaced. And, as regular visitors here will know, these shocking acts made the controversial charges technically unenforceable within UK Traffic Act regulations. But the facts as I see them are that the vast majority of protests and objections have been made in legitimate forms and superbly led by the NTBPT and their thousands of supporters who are the focal point for opposition to Westminster’s regressive scheme.
And, although I and others concerned with this nasty rider’s tax must stress that we can’t condone actions that cross the line into any forms of illegal activity, it was cheering to hear NTBPT chairman Warren Djanogly’s initial response to news of the WCC decision, which in his in his generally robust campaigning style was to say to me. “Let battle commence!” Now though, Warren has spoken in more measured tones to identify the basis for further challenges and work to get the charging scheme scrapped. “Cllr Chalkley’s decision to make the scheme permanent has opened a window for us to launch a full legal challenge.” In a nutshell what this means is that NTBPT are now proceeding with legal challenges having already raised the magnificent sum of £30,000 for a ‘fighting fund’ to cover legal costs.
One challenge is in the form of a formal demand for an official Public Inquiry into the legitimacy of the ‘experiment’ on which WCC based their decision to press ahead with the scheme. Other NTBPT challenges have prompted the District Audit Office and the Office of Fair Trading to investigate their claims and outlines of evidence that the council has breached various regulations that govern procurement and tendering procedures for UK local authorities. And, as my news story for MSL magazine highlighted, the EU Commissioners are also investigating what WCC may have been up to that wasn’t quite the way it should have been.
Yesterday I did the decent investigative thing and called WCC to get the latest on what Danny Chalkley had to say about his latest move . As you’d expect, he defended his decision and told me that he ‘understands’ that “charging to park is not popular with some motorcyclists”, but he also claimed that “it is fair and reasonable that motorcyclists, contribute to the cost of improvements and the maintenance of transport infrastructure.” But I have a big problem trying to accept this line of argument. In fact, as far as I can see, Danny has a big problem with it too. After all, as we all know now, thanks to diligent probes and many Freedom of Information (FOI) requests, the facts of life about the money already extracted from rider’s pockets show that this argument is unsustainable to say the least – and complete and utter tosh to be a tad more accurate.
The relentless barrage of FOI requests forced the council to admit that they have already taken over £2 million from riders during the ‘trial’ of the charges. And even by their well spun calculations, WCC Inc. have already trousered a net surplus of at least £500,000 after all costs of ‘improvements’ and setting up their ultra sophisticated pay-by-phone system have been paid for.
So where are we now? Well, in the course of my attempts to scrape a living from writing about the stuff that bothers UK riders today, I did a round up of what the key players in our rider’s rights groups think and have to say.
What do Rider’s Rights groups and the Motorcycling industry say and call for now?
Updated Friday 15 Jan, 08.45 The first comments on this blog have been about the UK Motorcycle Industry’s position during the course of this campaign and now. In the light of that I have added a link to the MCIA page explaining their position in full and add what I regard as the most pertinent section immediately below and prior to my summary posted last night. I will be talking to the MCIA spokesman for Public Affairs soon, hopefully today, and will encourage the industry to update it’s position now that WCC have decided to go-ahead with their scheme whilst retaining the ‘demand management’ objective as an official reason to impose new extra charges for the use of motorcycles and scooters in Westminster.
“MCI is concerned that the justification for the parking charge may have moved from being one of paying for improved parking service provision for motorcyclists, to one of ‘demand management,’ intended to deter motorcycle use. WCC officials have sought to assure the Association that the basis of the charge is service provision.
However, the current Westminster CC ‘Unitary Development Plan’ (UDP) specifically states that parking charges for motorised vehicles are levied on the basis of ‘demand management’. MCI is opposed to many of the principles of the ‘demand management’ philosophy, as this has often been used as an excuse to discourage powered vehicles and in particular PTWs, and is urging WCC to clarify and resolve this apparent contradiction.”
Back to original summary…
Let’s start with the The Motor Cycle Industry Association (MCIA). And yes I know that there are some riders & campaigners who have been a bit frustrated by a somewhat restrained level of action regarding the M/C parking tax issue so far. But the MCIA position as I understand it is quite clearly that it wants the scheme withdrawn because a key official objective for the charges, in Westminster’s core policy document called the UDP, is to ‘manage demand’ for M/C bays by introducing ‘fees’ to deter riders from parking and therefore using PTWs on central London streets.
MAG’s General Secretary, Nich Brown, put the debate over bike parking fees into a clear perspective earlier today and offers good advice about what riders can do and says this. “The argument that riders should pay to park on roads operated by local councils, is fundamentally flawed. Riders pay far more in taxes than the benefit they receive when using the roads. Every year the councils raid the money they should be spending to make roads safer for motorcycles by ensuring road repairs last more than five minutes and providing non-slip manhole covers and access to bus lanes.” He then added that “Until all councils ‘think bike’, there can be no question of charging to park on the street.” Nich then suggests that “MAG’s RAV campaign (supported by BMF and MCI) is giving thousands of riders an opportunity to quiz would-be MPs and councillors. ‘Why should I give you my vote?’ is one of the most powerful ways to get what we want.” (http://www.ridersarevoters.org)
Now as far as chairman of the NTBPT Warren Djanogly is concerned he has said this. “Cllor Chalkley’s decision to make the scheme permanent has opened a window for us to launch a full legal challenge. It’s going to be expensive but if just 5,000 bikers contributed £10 each (less than a tank of fuel), we can beat this evil stealth tax.” In response, the BMF has called on all UK motorcyclists to chip in whatever they can. Chris Hodder, the BMF’s Government Relations Executive said. “These parking charges run contrary to the Government’s aim to ‘mainstream’ motorcycling but the only option now available is to overturn the scheme in the courts. If we don’t, this could spell the nationwide end of free parking for motorcycles. Now is the time to stand up and be counted and support the NTBPT fighting fund.” Currently the fund stands at £30,000, but needs at least another £20,000 to meet the expected minimum legal costs of £50,000.
Finally, MAG’s campaigns co-ordinator Paddy Tyson summarises the current situation in a way that I agree with wholeheartedly. “The serious nature of this situation really shouldn’t be underestimated. MAG understands that all local councils are underfunded, but motorcycling is certainly not the resource they should turn to as an extra source of revenue.” He adds. “PTWs can help local authorities actually reduce costs, by reducing congestion and infrastructural damage as well as emissions, so motorcycle and scooter riders shouldn’t be penalised and discouraged. MAG fully supports NTBPT and urges councils around the country not to adopt a policy which in essence is counter productive.”
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