01 Apr 2025
St Albans district council has been served legal papers by Harpenden Town Council relating to the controversial on-street parking charges.
SADC strategic director for community and place delivery Chris Traill has confirmed the receipt of the papers: “We have received a pre-action protocol letter from Harpenden Town Council on the new parking restrictions and have responded to it. We cannot make any further comment on such legal proceedings.”
A pre-action protocol outlines the conduct and steps parties are expected to take before commencing legal proceedings for specific types of civil claims, aiming to encourage early information exchange, settlement, and efficient case management without the need for legal proceedings.
Retailers and residents alike have opposed the measures – which were revealed by the St Albans Times last year – with an e-petition opposing the scheme signed by 1,774 people, and a further 1,264 and 6,022 signing paper and Change.org versions.
Harpenden Town Clerk Carl Cheevers previously warned that should SADC go ahead with the parking proposals, given the volume and focus of the public consultation, he believed it would be acting in potential breach of the Road Traffic Act and consultation process guidelines such as the Gunning Principles, which could lead HTC to go as far as to consider a Judicial Review.
Mr Cheevers told town councillors in November: “In this scenario, HTC may wish to instruct professional legal advice to get a view as to whether the decision has been taken through a flawed process. HTC could instruct an initial view which it would need to formally consider.
“If this view suggested that there have been issues with the process, then HTC could consider instigating further action in the form of a Judicial Review. This is a complicated and costly action to take, however it is a route open to HTC.”
The Gunning Principles are a set of four key rules established by the UK courts to ensure fairness in public consultations.
Of particular relevance to this particular process are:
* Consultation must take place when the proposal is still at a formative stage: The decision-makers must not have already made up their minds. Consultation should happen early enough in the decision-making process so that the opinions and feedback received can genuinely influence the outcome.
And:
* The product of consultation must be conscientiously taken into account: The responses received during the consultation must be given genuine consideration before any final decisions are made. Decision-makers must show they have engaged with and reflected on the feedback, even if they do not adopt all suggestions.
Council leader Cllr Paul de Kort was also unable to discuss the latest developments, and could only say: “Due to the council receiving a pre-action protocol from Harpenden Town Council, I am unable to comment.”
Harpenden Town Clerk Carl Cheevers issued a brief statement this evening: “Harpenden Town Council has previously set out its strong objection to the introduction of on-street parking charges across Harpenden Town Centre and continues to hold significant concerns regarding the impact that this will have on local businesses.
“The town council issued a pre-action protocol letter in February to SADC setting out that it is considering instigating court proceedings in the form of a Judicial Review.
“We are currently in a ‘pre-election period’ ahead of the town council by-elections on 1 May 2025. During pre-election periods, we follow statutory guidance on communications and publicity which means that we won’t be commenting on this matter any further at this stage.
“We expect to publish a detailed statement shortly after the by-elections.”
Former Conservative candidate for Harpenden, Nigel Gardner, put the parking charges at the heart of his campaign: “Hats off to our Harpenden Town Councillors.
“It’s a sad day when Harpenden has to launch legal proceedings against St Albans council and their officials. But there was simply no other way to defend our High Street traders and local community.
“I implore St Albans council to listen, come to the table, and to compromise. If they really care about council taxpayers’ money it is the only course open to them.
“So much of this sorry saga reminds me of the ill-fated attempt by St Albans council to impose a one-way system in the late ’80s. It brought our roads and local economy to a standstill. That time councillors showed courage, accepted they had got it wrong, and did a u-turn.
“Today, the people of Harpenden and council taxpayers across the district deserve another u-turn from St Albans council officials.”
