York - Lendal Bridge - council to pay back ill gotten gains?

[Web Admin]

First there was this:

York Lendal Bridge vehicle ban earns council more than £600,000

More than £600,000 has been raised from drivers breaking a travel ban over a York bridge, a council has revealed.

This equates to over 45,000 fines since August when a ban was introduced on cars, motorbikes and lorries on Lendal Bridge between 10:30 and 17:00.

York City Council said it would spend the money improving roads and highways.

The six-month trial ends on Wednesday but the ban will remain in place "to maintain consistency while its impact is assessed", the council said.

Drivers are fined £60 for breaking the ban.

Buses, taxis, pedestrians, emergency vehicles and cyclists are still able to use the bridge at all times.

Fines 'surprising'

The Labour council's head of transport Dave Merrett said the council was "surprised" by the number of penalty charge notices issued.

The net revenue from the fines, estimated between £600,000 and £700,000, would be spent on better signalling to improve traffic flow for the benefit of all road users, Mr Merrett said.

"Tackling York's transport issues is fundamental to the success of the city. We are trying to make the right long-term decisions for York so it doesn't choke up," he said.

Leeds University Institute for Transport Studies will now examine the data and the council will make a decision about the future of the bridge by May.

Tourists, businesses and residents have complained about the traffic restrictions but York's main bus operator said the ban had improved passenger numbers and reliability.

"Our services are certainly running better that they were before the closure," said Ben Gilligan of First Buses.

"Roads like Gillygate and Clarence Street are just clear most of the day now."

The council said the figure of 45,000 fines did not take into account the number of drivers who might successfully appeal against a fine.

http://www.bbc.co.uk/news/uk-england-york-north-yorkshire-26353181

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Now this:

Council had no power to enforce traffic restriction, rules Tribunal

The City of York Council is to challenge a Traffic Penalty Tribunal ruling that the council acted illegally in issuing more than 50,000 penalty charge notices (PCNs) to drivers who have flouted two city centre traffic restrictions since last summer.

The Tribunal ruling, which could have implications for other local authorities enforcing similar schemes, covers enforcement of the pilot traffic restriction on the Lendal Bridge introduced last summer and the enforcement, introduced at the same...
+88% more

https://www.transportxtra.com/magazines/local_transport_today/news/?id=37919

[Web Admin]

York withdraws automatic Lendal Bridge fines

7 April 2014

Drivers in York using Lendal Bridge and Coppergate during restricted times will no longer face automatic fines.

City of York Council said it was waiting for further legal advice after a traffic adjudicator ruled the restrictions were not "legal".

However, the authority warned drivers breaching the restrictions that they could still be fined at a "later date".

A traffic adjudicator ruled last month that the roads did not qualify as bus lanes and the signage was inadequate.

General traffic is banned from Coppergate between 07:00 and 19:00, and from Lendal Bridge between 10:30 and 17:00.

More than 57,000 drivers have been issued penalty notices for driving over Lendal Bridge since the restrictions were put in place, on a trial basis, in August 2013.

Darren Richardson, director of city and environmental services at the council, said: "Following supportive legal advice on the trial, restrictions will remain in place and recordings will be taken of any breaches of the restrictions along both Lendal Bridge and Coppergate.

"Fines will not be issued upon these recordings until further legal process. Drivers are urged to continue to adhere to the restrictions in place."

Nigel Rhodes was fined for driving on Coppergate on 21 August but appealed against his £60 fine for "being in a bus lane".

Ruling in his favour at a tribunal, adjudicator Stephen Knapp concluded the authority had "no power" to issue penalties.

The Labour-run council has always insisted traffic restrictions on both Lendal Bridge and Coppergate are lawful.

http://www.bbc.co.uk/news/uk-england-york-north-yorkshire-26923999

[The Bald Eagle]

How have they only taken £600,00 from 45,000 tickets? If everyone paid only thirty quid it would be £1.35 million, or are they suggesting that more than 22,500 motorists have successfully appealed?

There is definitely some creative accounting going on here somewhere.

In any event I think this could be payback time.

[EDW2000]

http://www.yorkpress.co.uk/resources/files/31754


http://www.yorkpress.co.uk/news/11117372.Council_has__no_power__to_hand_out_Lendal_Bridge_fines__traffic_judge_rules/?ref=twt

[BGB]

http://www.yorkpress.co.uk/news/11456599.display/

Lendal Bridge refunds: applications to open from Monday

DRIVERS hit by Lendal Bridge fines will have four months starting from Monday to claim their money back, it has been announced.

The city council has released details of the refunds application process, which will mean people have to use the council's website to ask for their fine to be paid back.

The council announced its plans to refund money to any who applied for the cash in early August, but has taken until now to set up an application mechanism.

Both Conservative and Liberal Democrat councillors called in the decision after it was made by cabinet last month - which prompted Labour cabinet members to criticise them for delaying the process - but a council scrutiny committee then rubber-stamped the bid.

Drivers will need to log on to www.york.gov.uk/lendalbridge to get their money back, and refunds will be sent out by cheque the month after the application is made.

Applications will close on New Year's Eve this year, and the council has also announced it will publish the costs of refunding people after that date.

Cabinet Member for Transport Cllr David Levene said: "I'm pleased the system to apply for a repayment of Lendal Bridge fines will be in place from next week. It is disappointing that the opposition chose to delay this, but the time has come for everyone to draw a line under the issue, move on, and engage with the independently-led Congestion Commission to decide how we deal with York's transport challenges moving forward."

But both the Conservative and Liberal Democrat opposition councillors have criticised the move to only refund those who apply, and questioned use of a web-only application process.

Liberal Democrat leader Cllr Keith Aspden said: “Labour should be writing to all drivers caught out by the botched Lendal Bridge closure and offering them a refund. Instead, it is only repaying those that contact the council. This is unfair particularly as many will live outside York and will not know about their right to a refund.

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“Furthermore, Labour has set-up a process which does not appear to accept written, email or telephone applications. Anyone who can’t access the website will not get their money back. The only conclusion I can draw is that Labour is trying to hang on to as much of the fine money as possible.”

The Conservatives’ Chris Steward added: "It remains disappointing that Labour are only repaying some fines, despite our calls for all to be repaid. It is a further fairness dodge that the process is online only, which is simply not fair for people not online – whose money Labour has been more than happy to take, now it should be willing to give it back".

The council have confirmed they will help anyone who calls in to West Offices or telephones to make their refund application, but would encourage people to use the online application form.

[The Bald Eagle]

Same old, same old.

[Ewan Hoosami]

I can never understand why the people who know best how to run the council are always in opposition.