Andrew Dismore

London Assembly member for Barnet and Camden Andrew Dismore AM attacked Barnet Council’s failure to act on complaints over the parking of vehicles used by Uber drivers in Colindale residential streets, when speaking at Hendon Area Forum last night.

 

Mr Dismore also retuned to the theme, at the London Assembly plenary meeting today.

 

Mr Dismore told the Forum:

 

‘I first wrote to Barnet’s Chief Executive about this issue on 3^rd April, with details of some approximately 50 vehicles mainly Toyota  Prius models ,  parked in residential roads by a business that supplies vehicles for Uber drivers. I also gave details of a further 13 such cars in the car park next to the Bowls Club in West Hendon.

 

‘My letter said:

 

‘Conduct of a business in Colin Crescent, Crossway, Hillfield Ave, Silkfield Rd, Rushgrove Avenue, Colindale; and in West Hendon Council Car Park

 

It is becoming increasingly apparent that these areas are being used as a car park for commercial purposes by what appears to be a private hire company.

 

A large fleet of Toyota Prius motor cars has recently  started to park in these roads. I attach  photos I took yesterday, which shows 4 such cars and their  minicab permits parked in a row in Rushgrove Avenue, by way of example.

 

( also full list and details of cars supplied)

 

It therefore would appear that a total of approx. 50 vehicles are or have been parked here rather than at some depot . There are a further 13 similar vehicles  in the car park Next to the Bowls Club in West Hendon.

 

Thus, there are at least 60 vehicles owned by a private hire company, apparently the same one, parked on the highway or in a council owned car park.

 

It can only be the case that the company concerned is avoiding paying for its own parking and therefore avoiding  paying business rates; as well as conducting what is in effect a business on the public highway.

 

This is extremely inconsiderate of the company concerned.   It is a  nuisance and a growing  problem, preventing  the public at large from exercising their rights to park on the highway near their homes in this area; and from using  the spaces in the public car park in West Hendon.

 

I would suggest that not only is this business avoiding paying the council business rates on properly organised car parking  for their fleet , the council also has a duty under s130 of the Highways Act 1980 to intervene  to assert and protect the rights of the public to the highway.

 

S 130:  Protection of public rights.

(1)It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.

(2)Any council may assert and protect the rights of the public to the use and enjoyment of any highway in their area for which they are not the highway authority, including any roadside waste which forms part of it.

Whist no doubt it could be argued that the vehicles are parked legally as they are (mostly) taxed, and whilst that argument might wash if there were one or two such vehicles, that cannot be the case when such a large fleet is exploiting the highway to the detriment  of the  residents and de facto conducting a business there.

Accordingly, I urge you to instruct officers to take rigorous enforcement action to ensure the use of the highway can be returned to the  residents who live there.’

 

‘The Chief Executive did not reply until 20^th June, an appalling 10 weeks later. He attached photos  purporting to be  taken by Enforcement Officers ‘that afternoon’: in fact the photos were taken in  Mill Hill not Colindale!

‘He said the vehicles were legally parked; but he completely ignored the legal  points I had made about the conduct of a business on the highway, and the council’s duties under s 130 of the Highways Act.

‘I pointed this out by email on 21^st June, yet I still do not have response.

‘Moreover, the problem is compounded by new ‘Motability’ vehicles, which are left on Colindale roads near the A5 after delivery to the car dealership   from the manufacturers. These are apparently untaxed, yet re left there sometimes for weeks, with impunity. The Council should be chasing DVLA to take action by inspecting these roads and immobilising or  seizing any untaxed vehicles.’

 

At the Area Forum, officers  was suggested that there would be a consultation  on a CPZ, but that won’t happen till the Autumn and the earliest, and  if  the CPZ if approved , it would not be in force till Autumn 2018.

 

Mr Dismore added:

‘A CPZ is not the answer and it is too far away in any event.

‘It is clear to me that Barnet Council has no intention of responding to the residents’ justified complaints, nor doing some thinking ‘out of the box’, as to how to deal with this problem. Residents should not have to wait till 2018 to solve this straightforward problem.

‘The chair of the Forum  said he would respond within 20 working  days: that’s another month at least before any thought is given to the residents’  concerns and is an utterly unacceptable further delay’.

 

At today’s Assembly plenary, Mr Dismore raised similar arguments , when speaking in support of a motion that was passed by the Assembly,  calling on the Mayor not to renew Uber’s licence when it is  due for renewal in September, unless it improves its working practices.