Agenda item

This report asks Cabinet  to determine whether the Council should continue to pursue its application for a review of the decision to the Traffic Penalty Tribunal Adjudicatorin respect of appeals against fines for breach of the Lendal Bridge Traffic Regulation Order.

This report includes an annex containing legally privileged  advice relating to contemplated litigation. It is exempt from publication under paragraph 5 of schedule 12A to the Local Government Act 1972 and Regulation 20 of the Local Authorities (Executive Arrangements)(Meetings and Access to Information) (England) Regulations 2012.

Resolved:  That Cabinet agree to:

(i)           Instruct Officers to confirm the withdrawal of the Lendal Bridge review being made public through the Council’s normal communication channels;

(ii)          Ask Officers to make arrangements where members of the public contest their Penalty Charge Notice (PCN) for the settlement payments equivalent to PCN fines paid in respect of the Lendal Bridge trial to be made;^.

(iii)        Ensure that a robust mechanism is put in place to protect the public purse from fraud when applications are made.  That this be done at the earliest opportunity to provide certainty to both the Council and individuals but is subject to internal audit review;

(iv)    Ask Officers to confirm to the Traffic Penalty Tribunal that the Council will be taking these steps in relation to the Lendal Bridge trial only;

(v)         Confirm that the Council wishes the review into the Coppergate scheme decision to continue and will not be making any refunds in respect of Coppergate. 

Reason:  It is now the case that the Lendal Bridge trial finished over 3 months ago, will not require future enforcement and the fines income was not intended as a revenue income and remains in Council reserves. Notwithstanding these facts the Council and Motorists remain in a position of uncertainty due to the ongoing legal process associated with the enforcement of the PCN.

Therefore Cabinet can determine if it is in the Council’s interest to sustain the uncertainty for the Council and individuals as to the validity of Penalty Charge Notices.  That the ongoing diversion of Council resources from other transport congestion schemes is not value for money and that the Council needs to concentrate its limited resources and the results of the Lendal Bridge trial on working through the congestion commission to address the growing issue of congestion in the city.

Consideration was given to a report which asked Cabinet to consider whether to pursue its application for review of the decision to the Traffic Penalty Tribunal Adjudicator in respect of appeals against fines for breach of the Lendal Bridge Traffic Order.

It was noted that the Adjudicator had not yet completed the review of the Lendal Bridge or Coppergate decisions and that it was now over 3 months since conclusion of the Lendal Bridge trial.

The Cabinet Member confirmed that, owing to the uncertainty that now existed for all parties, following a trial that had now been completed, that there was a need to move forward and address transport challenges via the Congestion Commission.  He stated that a simple, robust system for repayment would be provided for members of the public who contested their Penalty Charge Notice’s (PCN’s). It was noted, as the Coppergate traffic order was a long standing restriction, that there were no proposals to withdraw this request for Adjudicator’s review. 

Members agreed that further delays would not assist the present situation and, in order to provide clarity for the public, the review of the Adjudicator’s decision in relation to the Lendal Bridge trial should not be pursued. Members also reiterated the need to concentrate on finding long term solutions to the city’s traffic problems and following further discussion it was

Resolved:  That Cabinet agree to:

(i)           Instruct Officers to confirm the withdrawal of the Lendal Bridge review being made public through the Council’s normal communication channels;

(ii)          Ask Officers to make arrangements where members of the public contest their PCN for the settlement payments equivalent to PCN fines paid in respect of the Lendal Bridge trial to be made;

(iii)        Ensure that a robust mechanism is put in place to protect the public purse from fraud when applications are made.  That this be done at the earliest opportunity to provide certainty to both the Council and individuals but is subject to internal audit review;

(iv)    Ask Officers to confirm to the Traffic Penalty Tribunal that the Council will be taking these steps in relation to the Lendal Bridge trial only;

(v)         Confirm that the Council wishes the review into the Coppergate scheme decision to continue and will not be making any refunds in respect of Coppergate.  ^1.

Reason:  It is now the case that the Lendal Bridge trial finished over 3 months ago will not require future enforcement and the fines income was not intended as a revenue income and remains in Council reserves. Notwithstanding these facts the Council and Motorists remain in a position of uncertainty due to the ongoing legal process associated with the enforcement of the PCN.

Therefore Cabinet can determine if it is in the Council’s interest to sustain the uncertainty for the Council and individuals as to the validity of Penalty Charge Notices.  That the ongoing diversion of Council resources from other transport congestion schemes is not value for money and that the Council needs to concentrate its limited resources and the results of the Lendal Bridge trial on working through the congestion commission to address the growing issue of congestion in the city.