Is Pembrokeshire County Council acting illegally over new car parking charges in Narberth?

That was the question posed by Clr. David Norcross at Tuesday night's monthly meeting of the town council.

Clr. Norcross said he was 'very concerned' that possibly Pembrokeshire County Council was 'acting illegally with regard to charging for parking on the Town Moor'.

As reported by the Observer last week, the car park is one of 10 in the county where charges, between the hours of 9 am and 5.30 pm, came into force on April 1.

Charges are: Up to two hours - 40p; up to four hours - 50p; daily - £1.

Speaking at the meeting this week, Clr. Norcross said: "As you know, Narberth Forum has closely followed the developments with regard to charging for parking and met with the county council last month, but with no change of heart.

"Needless to say, we are not the only community who are saddened by the county council implementation.

"Fishguard is pursuing their own case. Further afield, Sanbach Town Council is currently in a legal battle, taking their county council to court over imposed car parking charges in circumstances which are very similar to ourselves."

Clr. Norcross explained that the forum had been taking advice from the Open Space Society and they were willing to continue to provide support.

"As such, an appointment with a specialist lawyer in Swansea is being arranged," said Clr. Norcross.

He continued: "It would appear from case law that we 'the community' have a 'Prescribed Right' to park free of charge on the Town Moor as this arrangement has been in existence for over 40 years. I quote from a letter from Mr. Ian Westley, director of transportation and environment: '...that part of the car park was in existence prior to registration of the Town Moor as a town or village green.'

"To quote from the Open Space Society: "If a 'right' to has been obtained by prescription, then no charge could be made on the basis of the Bakewell decision."

The Bakewell decision was finally resolved in the House of Lords in 2003.

Added Clr. Norcross: "I believe it would be right and proper for us as a town council to write to the county council and ask why they do not suspend collection of possibly illegal charges on the Moor until the matter is resolved so as not to leave themselves open to being sued and incurring costs and much expense to the ratepayers of Pembrokeshire."

Keep your

parking tickets

In light of Clr. Norcross's comments, Clr. Mrs. Val Bradley suggested motorists keep their parking tickets, so if it is found the county council is acting illegally, drivers may be entitled to a refund.

Clr. Norcross added: "If parkers keep their receipts and are able to claim against Pembrokeshire County Council, then the cost of refunding the charges will cost thousands of pounds just to administer never mind any other costs they would incur."