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Lawyers Tell York Council Lendal Bridge and Coppergate Fines Are Lawful

Lendal Fine 2 260214

1:52pm 4th April 2014
(Updated 3:22pm 4th April 2014)

York Council says it is confident it's restrictions on Lendal Bridge and Coppergate are operating within the law, and has hinted it will challenge a traffic judge's ruling earlier this week. But says it cannot confirm yet whether it will appeal the decision by a government appointed traffic judge.
It's Cabinet Member for Transport, Dave Merrett, who's faced calls to resign this week, said in a statement:
“We’re obviously pleased that the legal advice the council has received supports the advice we have previously received in relation to traffic restrictions on Lendal Bridge and in Coppergate”.
Kersten England, Chief Executive of City of York Council, said: “Having received independent legal advice from a leading legal expert in this field we are confident we are operating both Lendal Bridge and Coppergate schemes within the law.
“We also take assurances from Oxford, who contested with a similar appeal with the Traffic Penalty Tribunal and successfully won.”
We're expecting to hear from council leader James Alexander later this afternoon, but York Conservative leader Chris Steward is worried the dispute could go on for years and lead to high legal bills.
According to the Traffic Penalty Tribunal's website, there are several reasons the council can request a review of the decision:
  • the decision was wrongly made because of an error by the Tribunal's administrative staff; or
  • a party failed to appear at a hearing for a good and sufficient reason; or
  • new evidence has come to light, the existence of which could not have been anticipated at the time of the original decision; or
  • the interests of justice require a review, which might apply if the Adjudicator wrongly interpreted or applied the law.

The organisation says such appeals are "rare", if the council wins it's appeal for a review the case will be heard by a second adjudicator. If this fails the case would then go to the High Court for a judicial review.

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