Use of un-refunded penalty charge payments

Duncan McKenzie made this Freedom of Information request to City of York Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear City of York Council,

Either as a new request or as an addition to my request of yesterday (Lendal Bridge & Coppergate PCN Distribution) please provide the following information.

The Council has announced that it will refund penalty charges that have been paid in relation to Lendal Bridge only to motorists who discover that they are able to claim a refund and do so.

When the Lendal Bridge refunding operation has been completed, what does the Council intend to do with the remaining penalty charge money that has not been refunded?

Yours faithfully,

Duncan McKenzie, City of York Council

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Stephenson, Ruth, City of York Council

Dear Mr McKenzie
Thank you for your email dated 29^th August relating to any un-refunded
Penalty Charge Notice (PCN) payments.
The Council has not yet decided what to do with any un-refunded PCN
payments so I cannot be specific. None of the fund will be spent without a
formal decision from Council Members being agreed through the democratic
process, however, if there is and funding left it would have to be spent
within the confines set out in law. The regulations relating to using
income from bus lane enforcement state that:
(6) The purposes referred to in paragraph (4) are—

 a. the making good to the general fund of any amount charged to that fund
under paragraph (3) in the four years immediately preceding the
financial year in question;
 b. meeting costs incurred, whether by the authority or by some other
person, in the provision or operation of, or of facilities for, public
passenger transport services; and
 c. the purposes of a highway improvement project in the authority’s area.

(7) For the purposes of paragraph (6)(c), a highway improvement project
means a project connected with the carrying out by the appropriate highway
authority (whether the approved local authority or not) of any operation
which constitutes the improvement (within the meaning of the Highways Act
1980) of a highway.
Ruth Stephenson | Major Transport Projects Manager
t: 01904 551372 | e: [1][email address]
Tuesday to Friday
City of York Council | Sustainable Transport Service
West Offices | Station Rise | York YO1 6GA
[2] | [3] |[4]@CityofYork

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Dear Stephenson, Ruth,

Thank you for your response which shows the disturbing confusion of the City Council as to the status of the penalty charge payments agreed to be refunded

It has been found as a fact which the Council has not challenged that throughout the trial period Lendal Bridge was NOT a bus street or bus lane. As it was further found that the Council had no lawful power to issue any penalty charge notice on Lendal Bridge it follows that the penalty charge money received by the Council does not lawfully belong to the Council.

None of the ‘confines of what is set out in the law’ that you have listed has any relevance to the City Council’s unlawful possession of Lendal Bridge penalty charges that motorists paid to the Council.

None of the penalty charge money can be used for any of these expenditures because this money does not belong to the Council and the democratic process you mention does not arise.

Please now re-answer the question correctly – what does the Council intend to do with the remaining penalty charge money that will not have been refunded and does not belong to it?

Yours sincerely,

Duncan McKenzie

Davies, Margaret, City of York Council

1 Attachment

Please find attached a letter from Ruth Stephenson.
Margaret Davies | Executive Support Assistant
to Neil Ferris, Assistant Director - Transport, Highways & Waste
t: 01904 551499 | e: [1][email address]
City of York Council |Directorate of City and Environmental Services
West Offices | Station Rise | York | YO1 6GA
[2] | [3] | [4]@CityofYork 
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