Council Revoking Parking Permit - Please advise

jgallcash

I moved into a new build property within an apartment block in London in 2008 and at the time didn't have a car.

Fast forward to Summer 2010 and I got a car for work and duly applied to the council for a parking permit to park in a CPZ on the road. This was granted without issue. Each year I have renewed the permit via post or online and my current permit is due for renewal in Summer 2013.

I've just recently changed my vehicle and attended the customer service centre on Friday to update the details and to have the permit modified in line with the vehicle details.

When I arrived the lady informed me that there was a note on the system to advise NOT to provide permits for the addresses where I live and it was nominated a car free scheme. Apparently the developers got planning permission on the understanding that permits would not be issued to addresses at the scheme.

Whilst I was never told this when I bought the property you just know that it will be buried amongst the paperwork at some point and I have been given the planning application reference number to look up myself (I've not done this yet)

My question is; as it has taken 5 years for this issue to be raised, and the fact that they have given me permits for the past three years. Is there anything that I can do to overturn this?

I am initially going to complain and to raise the issue with my ward councillor but is there anything else I can be doing to prepare a case?

Is there any other forums where I might ask this question as I appreciate it is very specific.

Any help appreciated.

TrickyWicky

I've heard of this before and its a pita issue for all concerned.

If the council back down and continue providing you a permit then they're giving you preferential treatment over others and if they refuse to give you back your permit then they're victimising you.

Rightly or wrongly, it was their blunder in the first place. They allowed you to live there and keep a car and to now tell you that you have no right to own a car is the same as dispensing punishment - something only the state itself can do (or the council via PCNs and other penality powers awared to them). They have put themselves in a slightly skewed situation which has no right or wrong answer for either of you.

It sounds like they're a bit of a stupid council though who are clueless so you may well be able to call their bluff somehow threatening legal action. If they're stupid (as I suspect they are) they'll be so scared of this threat that they will back down to keep you quiet. It doesn't always work but having worked in parking services for two councils (one being smart, the other being idiotic) I've seen stranger things happen.

You need to get back in contact with them and ask them how they propose to rectify this situation. Regardless of whether you had a car or not when you moved in, they had a duty to tell you about this rule. In essence, it's entrapment which unlike the states, is not legal in the UK and if they persist in refusing you a permit then they need to compensate you for the inconvenience of moving / loosing the car.

London councils are notoriously harder to deal with over parking but there are still some stupid ones in the area so you should push as hard as you can.

SevenOfNine

Don't bother with an empty 'legal action' threat. Legal action for what, being too inefficient to spot their error some years ago!

You must do as you've said & involve your local Councillor given that you've had permits for the past 3 years (precedent set there I'd say). Personally, I'd go to one of his/her 'surgery' things and sit face to face to discuss this issue. Then make a polite pest of yourself to ensure he/she follows it all up properly.

In the meantime, I suggest you check your flat deeds, this will most likely be in the form of a covenant. They are usually listed pretty clearly on a separate sheet & there might be several attached to your property (though not sure with a flat).

This does sound like a planning gain, ie the developer got planning permission with the proviso that the apartments comply with 'car free scheme'.

Might be a whole different ball game if there's no covenant with your deeds or paperwork, then your developer should be your target & you may need legal help.

jaybeetoo

Not that it is any help now but it is the sort of thing your solicitor should have brought to your attention when you were buying.

jgallcash

I agree Jay but they didn't do so that I recall.