Agenda item

The purpose of this report is to update Members about the Review Decision of the Chief Adjudicator to the Traffic Penalty Tribunal regarding civil enforcement of the Coppergate Traffic Regulation Order by way of camera, and to make recommendations on the way forward.

Resolved:  That the Executive agree to:

(i)           Require Officers to implement a Coppergate Repayment Process to facilitate the settlement of claims on the basis of repaying the Penalty Charge Notice (PCN) fine only (from earmarked reserves), in full and final settlement.  The deadline for submitting a claim to be 31^st March 2016.

(ii)          The deadline for submitting a claim in respect of the existing Lendal Bridge Repayment Scheme to be extended from the 31^st December 2015 to the 31^st March 2016.

(iii)        Authorise Officers to identify, consult upon and analyse options which may include (a) solutions to conveying the meaning of the present Coppergate Order that will satisfy Regulation 18 of the 1996 Regulations, (to potentially include revised signage, road markings and surface treatment) and/or (b) alternative Orders and interventions that may provide more effective traffic solutions.

(iv)        Require Officers to prepare a further report to the Executive presenting the findings from (iii) above, and seeking approval to take forward an agreed solution.

(v)         The Council not proactively pursuing enforcement of   the Coppergate Order by camera until such time as the solution at (iv) above is implemented.

(vi)       This is subject to the Director of Business Support Services being satisfied that this process meets the Auditors requirements.

Reason:     In order to progress issues related to the Coppergate Traffic Regulation Order and to inform future traffic enforcement schemes.

Consideration was given to a report which updated the Executive on the Review Decision of the Chief Adjudicator to the Traffic Penalty Tribunal (TPT) regarding civil enforcement of the Coppergate Traffic Regulation Order by camera.

It was noted that the Chief Adjudicator had held that, whilst the Order was valid to enable enforcement as a bus lane by camera, the Adjudicator considered that the signage was inadequate to convey the meaning of the order and was therefore unenforceable.

Officers highlighted the Adjudicators key findings as outlined in the report and the recommendation from Counsel against further challenge. It was confirmed that whilst it would be lawful for the Council to retain the monies the cost of dealing with claims on an individual basis would exceed the cost of setting up a repayment process. It was also noted that, following a challenge from the National Motorists Action Group that the Auditors were reviewing the accounts and pending publication of their report it was recommended that any decision was subject to the satisfaction of the Section 151 Officer.

Members expressed their support for the suggested repayment process and the need to find a long term solution to the signage and congestion in the city          

Consideration was then given to the following options for

Dealing with PCN revenue

Option 1 – Retaining Monies Pending Appeal

Option 2 - This option would replicate the refund request process that has been approved by Leading Counsel for Lendal Bridge and hence avoid the significant financial and reputational risks of Option 1. 

Future TRO enforcement

Option 1 – Revoking the Coppergate Order

Option 2 - Due to the material difference of opinion between the Council and the Chief Adjudicator of the TPT regarding the current signage, Officers recommend that the signage is reviewed, and consulted upon, to adequately communicate the meaning of the Order, and thus comply with Regulation 18. 

Resolved:  That the Executive agree to:

(i)           Require Officers to implement a Coppergate Repayment Process to facilitate the settlement of claims on the basis of repaying the Penalty Charge Notice (PCN) fine only (from earmarked reserves), in full and final settlement.  The deadline for submitting a claim to be 31^st March 2016. ^1.

(ii)          The deadline for submitting a claim in respect of the existing Lendal Bridge Repayment Scheme to be extended from the 31^st December 2015 to the 31^st March 2016. ^2.

(iii)        Authorise Officers to identify, consult upon and analyse options which may include (a) solutions to conveying the meaning of the present Coppergate Order that will satisfy Regulation 18 of the 1996 Regulations, (to potentially include revised signage, road markings and surface treatment) and/or (b) alternative Orders and interventions that may provide more effective traffic solutions.

(iv)        Require Officers to prepare a further report to the Executive presenting the findings from (iii) above, and seeking approval to take forward an agreed solution. ^3.

(v)         The Council not proactively pursuing enforcement of   the Coppergate Order by camera until such time as the solution at (iv) above is implemented.

(vi)       This is subject to the Director of Business Support Services being satisfied that this process meets the Auditors requirements.

Reason:     In order to progress issues related to the Coppergate Traffic Regulation Order and to inform future traffic enforcement schemes.