Forum Topic

Zone WE CPZ imposition

LBH has decided to press ahead with the ZoneWE CPZ on the thinnest of pretexts.This is the third CPZ consultation in little over a decade. Both previous rejected a CPZ. It is hard to avoid the conclusion the council is determined to keep asking the same question until it gets the ‘yes’ answer it wants.The consultation was not phrased as a ‘vote’ nor referendum, just an indication of interest. The response rate of 28% cannot sensibly be taken as indicating as anything other than over two-thirds majority lack of concern about parking issues.64% support out of 28% participation (core) and 44% of 28% participation(outer) support for a CPZ, is no mandate for anything. 14% of residents should not be able to command such a fundamental change that applies to pretty much 100% of households.I wrote making these points and others, to Cllr. Paul Conlan, Cllr. Binda Rai, Cllr. Gareth Shaw, and the LBE Chief Project Engineer on 8 October. Aside from an acknowledgement, I have heard not a peep from any of them. My requests for explanation and information have been ignored.This forum won't allow me to post a link to the full text of my letter, so it's below. I and many residents require answers and an explanation of this bullying conduct.====This is the third CPZ consultation in little over a decade. Both previous rejected a CPZ. It is hard to avoid the conclusion the council is determined to keep asking the same question until it gets the ‘yes’ answer it wants.The consultation was not phrased as a ‘vote’ nor referendum, just an indication of interest. The response rate of 28% cannot sensibly be taken as indicating as anything other than over two-thirds majority lack of concern about parking issues.64% support out of 28% participation (core) and 44% of 28% participation(outer) support for a CPZ, is no mandate for anything. 14% of residents should not be able to command such a fundamental change that applies to pretty much 100% of households.I now know this particular consultation began as a Change.org petition organised by an anonymous and otherwise non-existent group calling itself Walpole West Residents, from 225 residents within the grid of roads bounded by Seaford Rd, Adelaide Road, Leighton Road, and Regina Road. That is, all the roads where the residents who participated in the consultation approved of a CPZ. This petition was not publicised to the wider area, as far I can establish. It appears to have been deliberately Gerrymandered to produce a desired result.Unfortunately for them, I doubt a CPZ will improve matters. Thanks to a proliferation of HMO’s enabled by Council planning policy there is not enough kerb space for the number of residents who have cars. From comments made at that petition, residents find parking almost impossible at any time of day or night. That is a problem no CPZ can address.However, I trust the Council will have carried out a feasibility study that shows otherwise, and I now ask for disclosure of that study. If a Freedom of Information request is necessary, please advise the procedure.The general experience of CPZ’s is they are a monetisation strategy, that actually reduces kerb space. Invariably fewer residents bays are created than parking spaces were available in the unrestricted road. Residents with permits who are unable to park overnight in residents bays, must then remove their cars before 9am to avoid PCN’s.  Of course many do not, and find themselves paying penalties as well as resident parking permit and visitor parking fees. The consultation did not indicate this would be an outcome, nor indicate how many resident bays would be created vs how much kerbside parking would be lost to working day prohibition. Support for the CPZ seems to arise from an expectation residents will be able to park outside their homes. In fairness to residents, this must be disclosed.This gets worse, when the ‘no CPZ’ roads are considered.There is no reasonable requirement for controlled parking in Seward Road, nor indeed the adjacent roads that indicated rejection of a CPZ during the consultation.During the proposed hours of operation of the CPZ (09:00-10:00 and 15:00-16:00) there is absolutely no shortage of kerbside parking.Seward Road and adjoining roads do have some parking problems, but they are clearly caused by residents themselves and overnight competition for inadequate parking space. I have lived here for 30 years, and parking difficulties have only arisen as so many properties were converted to flats because the Council allowed it. The worst possible time to find a parking space is Sunday night after 10pm when most residents are home. Even so, it is not impossible, and anyone who expects to park without needing to walk  50-100yards is not being realistic.A CPZ offers us nothing at all in return for fees, except fewer parking spaces, the probablity of PCN’s and additional costs for visitors.I hope the Council will not go ahead with this opportunist and predatory plan that I believe will contribute nothing constructive to local parking shortage. I would remind you that you work for us, not the other way round. It is not the Council’s job to find inventive new ways of making life more difficult in pursuit of income. And it is disingenuous to pretend a casual and poorly-supported consultation is sufficient authority to impose such a scheme especially on streets that have repeatedly and clearly rejected a CPZ.My final point is this. 2870 addresses consulted will mostly own at least one car. This suggests an estimated revenue of in excess of £195,000 in the first year, plus visitor and commercial vehicle charges. £200,000 seems a conservative estimate. Please explain this costing, and the cost benefit analysis behind it. You will be aware of the recent judgement that prohibits CPZ charging being used for supporting general transport budget. If access to documentation requires an FOI request, please advise to whom I must make the request./ends[the original document included photographs showing the irrelevance of a CPZ during the proposed hours]

Tony Sleep ● 3013d29 Comments

Here is the email I just sent to parkingservice@ealing.gov.uk===I have purchased a New Resident Permit RZWE[***] for £68.I now have to purchase further permits on behalf of my wife and son, who have their own vehicles. I have scanned copies of their documentation.The website application process only shows £68 as the price. I went through the process last night for my wife's car, but did not complete because letters from LBE indicate the price should be £98 for a second vehicle (and £128 for a third).What do I do? I am sure that if I pay the wrong fee, their permits will be deemed invalid under your terms and conditions, which require full payment.This morning the incomplete application had been replaced by a server error page (page image attached).I made a further fresh attempt today at around midday. Now I fill in the address details and click 'next', and am taken back to the start of the process with all previously entered information lost.This is exasperating to say the least.Your phone helpline only gives me recorded information that I already know, with no option to speak to a human. I have tweeted the site problems to @ealing and @ealingcustserv. No response.I have now wasted about 3hrs trying to complete this process. Please advise me how to proceed.I need hardly tell you this is urgent and MUST be sorted this week. The WE CPZ goes live on 11 December. I have no intention of paying PCN's that are issued because your website is incapable of issuing permits correctly.-- RegardsTony Sleep--

Tony Sleep ● 2981d

Arthur, You really are dreaming and it will get you nowhere. Perhaps you should get together with the Pitshanger Community Association and the Pitshanger Village Traders Association to swap notes. Those organisations exhausted themselves in the national and local media trying to stop the Kent Gardens CPZ , using 'apocalyptic’ predictions about the effect on Pitshanger Lane traders and the surrounding community to influence resident voting in the Kent Gardens CPZ consultation. When that failed, their subsequent ‘complaints’ to the Council under the statutory consultation procedure  concentrated mainly on procedural irregularities without mentioning the ‘Haringey decision’[you can ask the Council for a copy of their response to my FoI Request EIR17/748 dated 23 May 2017 which included redacted copies of 4 stage 3 letters of complaint and the Chief Executive’s individual responses]. Having failed to make their case their 'trump card' was an ‘inspired’ anonymous and secret complaint to the LGO which held up proceedings for 6 months. The PCA and the PVTA will no doubt now be gearing themselves up to try to frustrate the Council’s published plan to consult local residents on a Pitshanger South CPZ in 2018/19 and a Pitshanger North CPZ in 2019/20 on whether they would ‘like’ CPZs in those areas, which of course border directly on Pitshanger Lane’s Neighbourhood Shopping Centre. The biggest fear of traders and their staff must be the prospect of having to pay £2 a day to park their cars in any neighbouring CPZ.Those of us who fought for a Kent Gardens CPZ for the last 5 years and who voted democratically for it in May/June 2016 (239 households about 500 people) have had to wait an extra 6 months while the Council quite unnecessarily held fire on the scheme. That seemed to us like public consultation taken to ridiculous and unnecessary lengths, and we are just glad it resolved in our favour.I agree that Ealing Council's officers are uncommunicative and Ward councillors next to useless. However, unlike us, as public officials  Council officers and councillors are open to a criminal charge of 'Misconduct in Public Office' and possible imprisonment if they either abuse their powers or neglect their responsibilities - see this CPS guidance http://www.cps.gov.uk/legal/l_to_o _misconduct_in_public_office/  The realities you heed to recognise are:1. The Supreme Court's 'Haringey decision', whilst establishing a general principle in relation to public consultation procedures, was about Council Tax Relief Schemes (‘CTRSs’) not about CPZs. http://ukscblog.com/case-comment-r-moseley-v-haringey-london-borough-council-2014-uksc-56-2014-1-wlr-3947/ 2. Ealing Council's CPZ policy is clearly set out, including its 3-year programme of planned consultations based on observed over-parking so everybody is forewarned - and forearmed.3. Publication of the Council's proposals is statutorily defined as a notice in the local newspaper - so monitor the weekly public notices in the Ealing Gazette to see what is going on. If a consultation proposal or a scheme proposal does not appear in the Gazette it is not legally notified and can be challenged. More recently the Council’s public notices have been posted on line here https://www.ealing.gov.uk/info/201033/council_and_local_decisions/641/public_notices and it is likely that in the long run that this will become  the only source for such information..4. Ealing’s two-stage consultation procedures allow everybody and anybody to object  at the second statutory consultation stage to their openly published proposals and to complain to the Local Government Ombudsman if they are still not satisfied with the Council's answers.5. The Local Government Ombudsman is appointed to adjudicate on specific local disputes, not to make  judgements on social issues - see http://www.lgo.org.uk/ . It is a free service.. His 'decisions' are not binding on local government. His machinations are utterly ‘confidential’ and 'embargoed' until three months after he delivers his ‘opinion’ - which might be seen as anti-social. I am told by the LGO that the anonymous complaint on the Kent Gardens CPZ and the Ombudsman’s ‘deciision’ will not be publicly available on the LGO website until the week beginning 4 December.6. Judicial Review is similar but costs money - see Parliamentary paper     https://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review/ 7. Finally, The principal responsibility of Ealing’s Highways department is to keep traffic moving. As the Council itself puts it  – “The job of keeping traffic moving falls to the Council, with the management of parking playing a significant role in improving road safety, congestion, the environment and making life easier for all road users, whether in a vehicle or on foot.”  There is no ‘right to park’ on the highways in English law. Kerbside parking is ‘tolerated’. Rules 238 to 252 of the Highway Code explain where parking is not tolerated. These rules are reflected in the list of parking offences enforced by local councils found here https://www.nidirect.gov.uk/articles/penalty-charge-notice-pcn-contravention-codes-descriptions  of which every motorist should be aware.You can always challenge Ealing Council to rationalise and justify their procedures by submitting questions under the Freedom of Information Act which the Council are obliged under statute to respond to within 20 working days (in effect one calendar month).I can only suggest you do your homework, take whatever legal advice you can get without spending a lot of money, and don't set your own or anybody else’s hopes too high on the back of irrelevant 'moral arguments'.You may have noticed that local organisations such as the Ealing Civic Society, the Save Ealing Association and the Friends of Ealing Common have recently challenged Ealing Council and major developers over some of their wilder development plans, at considerable effort and cost. The SEC has even managed to recover from the developer of 9-42 The Broadway its out of pocket expenses of nearly £30,000 for 'wasting’ their time after abandoning their speculative development proposal, whereas Ealing Council failed to make a similar claim for the waste of nearly £75,000 of taxpayers (our) money.British democracy is not an easy regime to live under. You have to fight for what you want – using the democratic processes of course, which is how we eventually got our Kent Gardens CPZ. But it is generally regarded as the lesser of a multitude of other evils! Have a word with Steve Pound and see if he has any better ideas.

Tony Purton ● 2995d

Tony,Shahid Iqbal replied in a thin and obscure fashion after 50 days to my legal objection. He evaded the legal challenge and then seemed more interested in making some silly sort of jokey comment. The legal objection far from shouting in the dark relies on the so called Harringay decision 2014 that was established by the Supreme Court.It clearly established the principle that "all affected should be consulted" in a local authority consultation. Bassam Mahfouz has admitted that the consultation failed to consult workers in shops and offices to the north of the Uxbridge Road who may park in the area under discussion.You could argue that the consultation failed in other areas too. Of course SI and BM couldn't care a carrot if they broke the law of the land. Their whole attitude is that they are on a mission and that is to install CPZs. And a shout from the dark might be, "Why?" They don't care about the legal challenge because we'd pay twice once to take them to judicial review and again for them to defend such challenge using our money from council funds. They would suffer nothing. Big fish swimming in a little pool!Mine and the experience of others is that the Local Government Ombudsman is poor at making decisions where community and shop viability issues are at stake. Good when you have been asked three times for your council tax payment when you have already paid it.The judicial review is the only route.You seem to think that everything was conducted properly Tony that maybe you would like to help fund the judicial review. Many thanks.

Arthur Breens ● 2996d

Commentators on this topic seem to be ‘shouting in the dark’ when there is a great deal of information (light) on CPZs to be found on the Council website. The principal reference document is “London Borough of Ealing Parking Review Strategy 2016-2020” to be found on this link: https://www.ealing.gov.uk/site/scripts/google_results.php?q=London+Borough+of+Ealing+Parking+Review+ CPZ consultation is a two-stage process. First, all residents (every household) in streets that are seen to be heavily affected by commuter parking on weekdays are asked if they would like a CPZ. Second, if the majority answer is YES then  a detailed scheme will be proposed for statutory consultation by publishing a Traffic Order,including plans and draft legislation, to which anybody may object . If the Council decides to go ahead then determined objectors can engage the Council’s complaints process and if still not satisfied refer the issue anonymously to the Local Government Ombudsman. This is the process that was applied to the Kent Gardens CPZ – see story below.All CPZ costs and revenue are part of the Council’s ‘Parking Fund’ which for some years now has been running at a considerable surplus (not a ‘profit’) mainly due to the income from parking fines. In 2014/15 that surplus was £9.8millions. Any surplus generated in the Parking Fund is earmarked for projects to improve off-street parking and/or other transport related environmental schemes as detailed within legislation – including ‘Concessional Travel’ (free bus passes etc). In 2014/15 the cost of concessional travel in Ealing was about £16million to which that year’s Parking Fund surplus made a contribution of some £8million – the remaining cost of concessional travel being met from central funds.  Details of Parking Fund expenditure and income can be found on the Council's website by Googling 'Ealing Council Budget Book'.THE KENT GARDENS CPZFollowing popular rejection of the Castlebar/Pitshanger scheme in 2013, Kent Gardens residents lobbied Cleveland Ward councillors in June 2015 for an alternative scheme, securing £6,000 of Cleveland Ward funding for a formal consultation in May/June 2016 which achieved majority support. After  a wider statutory consultation in December 2016 a scheme comprising  Cleveland Road, Kent Avenue, Kent Gardens, Castlebar Park, Victoria Road and Sovereign Close was approved in February this year to be installed in April/May.  The Council subsequently rejected a string of formal complaints from outside the proposed CPZ area . However, in mid-May the scheme was put on hold by the Council pending the outcome of an anonymous complaint to the Local Government Ombudsman While acknowledging that there was no legal requirement on the Council to delay implementation of the scheme, Assistant Director of Highways Shahid Iqbal  told residents “The council is not prepared to spend public money on implementing a scheme that may require changes in the near future”. The Ombudsman rejected the anonymous complaint in September. The Council then went ahead with the installation of the scheme which ‘went live’ on 13 November.

Tony Purton ● 2996d

"selling parking enforcement services to private car parks."I don't even know what that means? Allowing them to issue PCN's? To whom? Overstayers or people without permits in their own car parks? Or anyone they can get their eyes on?If you want a disappointing conversation about the WE CPZ, you can see a bunch of local residents getting very annoyed with me for attempting to point out the limitations of CPZ's, at https://nextdoor.co.uk/news_feed/?post=17592188680886(needs registration but free).I don't myself understand the willingness to pay LBE lots of money, when LBE are the source of most of the problems. But, that's their choice, and I'd give it about 3 years before the whole area is 24hr CPZ and up to £300/permit (like Lambeth is now), with only 1 permit per household allowed.It is explicitly illegal for councils to use CPZ as a revenue generation mechanism since this judgement. http://www.racfoundation.org/assets/rac_foundation/content/downloadables/barnet_parking_case_judgment_220713.pdfIn essence, what it says, is that whilst councils are allowed to create CPZ's for the purposes of parking and traffic management, and are allowed to use any surplus for the general transport account, they(a)must maintain separately auditable accounts for CPZ revenues and costs and(b)they cannot deliberately create a surplus - a surplus is only allowed to be an incidental outcome. If a significant surplus is created, permit costs must be reduced.Since Ealing has increased its permit charges by 30% in 3 years, I don't believe that they are behaving lawfully. CPZ costs cannot possibly have increased by that much above inflation.Until resident care to push back, they'll just screw harder.

Tony Sleep ● 2996d

No Peter these are not fools.Three of my uncles worked hard to fight Hitler, who was not a democrat but was a dictator. One spent most of the war repairing downed aircraft in the desert and persuading the young pilots that they could be flown back to Gib. One, the lightest spent most of the war directing a hose at the end of a very long ladder and another dug through the rubble to find dead bodies. All were trying to fight a dictator.Now I complain about this CPZ to the council officer Shahid Iqbal who keeps me waiting for a reply 50 days with no apology.  The CPZ lines are going in now and his plan was to leave me with no time for rebuttal. My councillor Gareth Shaw makes no comment. So he must think that is OK. "All affected must be consulted" is a democratic theme that runs through the legislation governing CPZ consultation.. hey and this is recent legislation handed down from the Supreme Court yes Supreme Court so it is happily ignored by Shahid Iqbal and Gareth Shaw. This is democracy they are ignoring. Just where do they get these people from? If you don't like democracy and the rule of law just **** off. West Ealing isn't the place for you. This CPZ SHOULD BE HALTED NOW UNTIL THESE PROBLEMS HAVE BEEN SORTED OUT.Even worse there are lies and it would be nice to see them exposed and the officers associated with them exposed maybe in stocks outside Perceval House. THIS DOESN'T LOOK LIKE THE ACTIONS OF A DEMOCRATIC LABOUR PARTY TO ME. Do I tear up my membership card now or tomorrow?Bassam Mahfouz is getting back to me today.

Arthur Breens ● 3003d

This says a lot about how the CPZ's are implemented. Basically unwanted and a scam!! Here in Hanwell we have just joined the CPZ zones and it is Bonkers. Whilst promoting Hanwell Zoo the council have not increased the parking and so in the summer we will have empty roads with the car park overflowing. A week on from being in a Zone it is obvious that whilst Ealing Council may make a big thing about not increasing council tax as far as i am concerned my charges have increased. Yes Crossrail may mean that we may have ended up with more parking but we never saw the results of the consultation and the advertising of the proposals were almost non-existent. So secrecy is part of the equation. I have lived in Campbell Road for 20 years and only occasionally i have had problems parking. but the justification was not something i recognised. also the other parts of hanwell affected are no doubt places that hospital workers parked in. CPZ's are an unpleasant change to our lives. My church in Ealing Green used to get religious passes which were stopped. Ealing is becoming a less pleasant place to live and when the parking attendants circulate your home area looking for business it feels very unpleasant. With the persecution of disabled and many tickets of doubtful origin this policy is crazy. So not just west ealing but many places. many people commute with journeys that are not straightforward by public transport so unless there is a string reason for a CPZ they should be avoided. I drive to work because otherwise it is 2 trains, 2 tubes and a 20 minute walk. somehow there are people who feel that those of us who drive are criminals. So when i move away from this borough after nearly 40 years i wont miss the feeling that the council do not care!!

Peter Chadburn ● 3010d

Tony,There may be other problems with this consultation. This should be a two stage process. Do you want it yes / no. And this is our plan as per the council website and you should have been asked to see this. You should have been consulted on the published plan. yes /no. This is the first CPZ I have seen with so many shared use bays with a selling price of £2 per day. This will involve  smart phone and a payment to Ringo. This in itself is discriminatory in that many older residents don't posess a mobile phone. However and more importantly this consultation does not reach the minimum standards of a consultation as required by law. All affected should be consulted and there is a decided case referred to as the Haringay case that went right through Appeal, High and Supreme court in 2014. I have challenged the Highways department but in their reply they have failed to address this challenge. There are other legal areas where this principle has been embedded in statute which would help LBE. But again they hope to deny us the law of the land.I don't live in the area but I do shop in West Ealing. This CPZ together with the loss of car parks north of the Uxbridge Road will make it more difficult for workers to park that may threaten the viability of the shops. The bays in the plan are not free and have to compete with the 200 bays at Waitrose and the 160 odd at Lidl for my trade. This isn't fair either. LBE CPZ like homework should be returned with note "could do much better".

Arthur Breens ● 3012d