Decision details

Purpose of Report: To inform the Cabinet in relation to ongoing reviews of traffic penalty tribunal decisions.

Cabinet are asked to make a decision in relation to the ongoing reviews of traffic penalty tribunal decisions.

This decision will now be taken by Cabinet on 5 August 2014 in order to facilitate payments being made as early as possible.

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.