City & Environmental Services
West Offices
Station Rise
York
YO1 6GA
Mr McKenzie
request-227385-
Tel:
01904 551372
xxxxxxxx@xxxxxxxxxxxxxx.xxx
E-mail:
xxxx.xxxxxxxxxx@xxxx.xxx.xx
Our Ref:
CCF/3412 RS/AH/MMD
By email
Date:
19th September 2014
Dear Mr McKenzie
Lendal Bridge
I refer to your e mail dated 2nd September 2014 in which you express your
dissatisfaction with the Council’s response to your earlier e mail of 29th August.
The Lendal Bridge trial has ended, and therefore the Council is not pursuing a
legal challenge in respect of the Traffic Penalty Tribunal decision regarding a
specific number of appeals against PCNs issued on Lendal Bridge. It does not
automatically follow that the Council had no legal power to issue any PCNs on
Lendal Bridge.
The Council maintains that the reasoning and findings in the decision of the
Traffic Penalty Tribunal regarding the status of the bus street and the lawful
ability to enforce the Lendal Bridge Experimental Traffic Regulation Order(TRO)
were flawed, and is still challenging this principal issue in relation to the
Coppergate Traffic Regulation Order.
The Council is not therefore in unlawful possession of the Lendal Bridge penalty
charges that motorists paid to the Council.
The Council is paying back those who appealed to the Traffic Penalty Tribunal,
and is also using its discretion to pay back those who make it known to the
Council that they now dispute their PCN, even if they did not appeal to the
Traffic Penalty Tribunal at the time they incurred the penalty.
Continued...
Interim Director: Sarah Tanburn
-2-
I can only reiterate my earlier response to you regarding any penalty charge
monies that are not disputed by an individual who incurred the charge, and
confirm that the Council has not yet made a decision.
I consider that this adequately answers your question, and I therefore consider
this line of correspondence to be now closed.
Yours sincerely
Ruth Stephenson
Major Transport Projects Manager
Interim Director: Sarah Tanburn