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Coppergate + lendal bridge york test challenge upheld

Update on anyone with Charges for Coppergate or lendal Bridge york.
Adjudicator has accepted the challenge that neither restriction is TMA 2004 compliant.
Ruling : "Clearly the council has power to impose those restrictions, but because Schedule 7 of the TMA [Traffic Management Act] has not been fully implemented, civil enforcement does not apply and there is no power to issue a PCN [penalty charge notice]."

This does not change any tickets but the one ruled on but does give anyone with one in the system a valid and upheld appeal point.

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

:T
Get appealing;
Be happy...;)
«1

Comments

  • muckybutt
    muckybutt Posts: 3,761 Forumite
    Part of the Furniture Combo Breaker
    Monumental cluster fcuk from City of York Council !!! :T:T:T
    You may click thanks if you found my advice useful
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Now they have said they will carry on regardless and ignore the ruling...
    Be happy...;)
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Arrogant gitz arnt they they need a public FLOGGING!
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • utigers
    utigers Posts: 221 Forumite
    Hi there what is the best thing for me to do who has already paid 2 of these fines and now want to claim it back? Is there a process to follow?

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 153,286 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How about stopping 'just paying' PCNs which is fairly daft for an MSEer when they are almost all winnable - and secondly, write to the Council? I suspect you may find more details of this decision if you search and look for a pepipoo forum result.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Request refund of Lendal/Coppergate PCN fine:
    dropbox.com/s/phkrocdgwugbc92/York_PCN_Refund.doc
  • Coupon-mad
    Coupon-mad Posts: 153,286 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • utigers
    utigers Posts: 221 Forumite
    Excellent thanks.

    Coupon-Mad - I felt I needed to pay as it was a company car that was leased and I was worried about it escalating before I got any notification. I guess that's my choice? Also my company take it straight out my wages with a 'claim it back policy' I'm not sure how legal this is?

    Things are looking promising in York IF these tourists find out about this.

    Keep up the good work.
  • big_boss
    big_boss Posts: 88 Forumite
    Ninth Anniversary Combo Breaker
    The Council has finally agreed to repay the fines, only if you request it.

    http://www.bbc.co.uk/news/uk-england-york-north-yorkshire-28270571
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    big_boss wrote: »
    The Council has finally agreed to repay the fines, only if you request it.

    http://www.bbc.co.uk/news/uk-england-york-north-yorkshire-28270571

    Totally wrong in my opinion, they know who coughed up so they should must repay. I wonder how many tourists got stung and dont know of this decision
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
This discussion has been closed.
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